STATE OF KERALA Vs. KESAVAN GOVINDAN POTTI

JUDGEMENT

(1.) THIS appeal filed by the judgment debtor raises the question whether the execution petition is barred by limitation. The decree is for payment of money passed on 31-3-1954 against the State, The execution petition was mod by the decree holder on 7-2-1950. The contention of the State that the execution petition is barred by limitation was overruled by the court below

(2.) IT is agreed by both skies that the question of limitation has to be decided in the light of Sub-sections 1 and 2 of Section 82 of the Code of Civil Procedure as it stood prior to its amendment by Central Act 66 of 1956. Subsections 1 and 2 of section 82 (before its amendment by Act 6b of 1956) rend;

(3.) NO lime is specified in the decree within which it has to be satisfied. After the expiry of the period fixed in the decree, Section 88 (1) requires the court to send a report of nonsatlsfaction to the Stale Government for its orders and execution shall not be issued on any such decree unless it remains unsatisfied for a period of three months computed from thee date of such report. Even if no time is fixed in the decree for satisfaction, sub-section ? of Section 82 applies and execution cannot be issued on any such decree unless it remains unsatisfied for the period of three months computed from the date of the report of non-satisfaction. Before execution could proceed, a report of non-satisfaction has to be sent and three months must elapse from the date of the report, in this case the report of non-satisfaction of the decree was sent by the court to the State Government only as per the directions given in the order under appeal. The learned Government pleader contended that, as no lime is specified in the decree as required in Section 82 (1) of the Code as it stood prior to its amendment in 1956, even if the decree is not void, it is incomplete and is not executable in its present form and in that way the execution petition has to be dismissed. It has to be mentioned that this point was not raised before the execution court and we feel thai this objection cannot be allowed in appeal. Since the court in pursuance of the directions in the order under appeal, has sent the report of non-satisfaction to the Government thereby implementing the decree. the contention is also without force.