D SASI Vs. R S DEVADAS

JUDGEMENT

(1.) While computing the period of limitation for execution of the decree under Article 136 of Limitation Act, whether date of decree is to be excluded or the period of 12 years is to be computed inclusive of the date of decree. This is the question to be resolved in the revision petition.

(2.) Petitioner is the judgment debtor and respondent the decree holder in O.S. 856/1993 on the file of Principal Sub Court, Thiruvananthapuram. A decree for realisation of money was passed on 30.6.1994. E.P. No. 223/2006 for execution of the decree was filed on 30.6.2006. Case of the judgment debtor is that the period of limitation expired on 29.6.2006 and therefore the execution is barred by time. Case of the respondent decree holder is that as the date of the decree is to be excluded while computing the period and so the execution petition is within time. Executing court as per the impugned order found that date of the decree is to be excluded and if so, the execution petition filed on 30.6.2006 is on the last day of the period of limitation and therefore the execution petition is within time and not barred by time. Judgment debtor has filed the civil revision petition challenging that order.

(3.) Learned Counsel appearing for petitioner and respondent were heard.