JOHN Vs. MARIAKUTTY

JUDGEMENT

(1.) IN this appeal,on behalf of the decree -holder appellant,Mr.S.Neelakanta Iyer learned counsel challenges the order of the learned District Judge of Quilon holding that an execution petition filed by the appellant,namely E.P.111 /1959 in O.S.37/51 is barred by limitation.

(2.) THERE is no controversy that the decree in the suit was passed oh 21 st October 1953,after the Indian Limita­tion Act,1908(Act 9 of 1908)had come into force.The execution petition,namely E.P.111/59,again there is no controversy,was filed only on 21 st October 1959,and no prior execution petition had been filed by the appellant.The present petition was filed just on the last day of the expiry of 6 years from the date of decree,which is 21 st October 1953.According to the learned District Judge,inasmuch as the decree was passed after the Indian Limitation Act,1908 had come into force,the period of limitation will have to be computed on the basis of the Articles contained in that statute.And it is also the view of the learned Judge "though not expressed in so many terms "that inasmuch as the decree is not a registered decree,as per the pro­visions of Article 182 of the First Schedule of the Indian Limitation Act,1908,which come into play,the execution is barred.

(3.) UNDER Article 182 of the Indian Limitation Act,1908,the period of limitation for the execution of a decree or order of any civil court is three years; but where a certified copy of the decree or order has been registered,then the period of limitation is six years.And without referring to any of the other matters referred to in column 3 of Article 182,it is only necessary to note that the period of limitation normally begins to run from the date of decree or order.I am particularly referring to this aspect,because in this case there has been no appeal or application for review,etc.Therefore,the period of limitation will normally begin from the date of the decree or order.Therefore,if the provisions of the Indian Limitation Act,1908 apply,and inasmuch as a certified copy of the decree or order has not been registered,the view of the learned District Judge must be upheld.