OUSEPH Vs. LONA

JUDGEMENT

(1.) The only question which arises in this appeal is as regards the date on which the period of limitation begins to run for the execution of a decree. The decree was passed on 28-6-1961. It was subsequently amended on 24-7-1962. The execution petition was filed on 23-2-1974. If the period began to run from the date of the original decree, the execution petition was filed out of time, that is, more than 12 years. On the other hand, if the crucial date is the date of the amendment of the decree, that is, 24-7-1962, the execution proceedings was begun within time.

(2.) The relevant provision of the Limitation Act, 1963 (hereinafter referred to as 'the present Act') is Article 136 which reads as follows : Description of Period of Time from which period application. limitation. begins to run.

(3.) Article 182 of the repealed Act had to be read in conjunction with Section 48 of the Civil P. C., which was repealed by Section 28 of the present Act. Section 48 of the Civil P. C. provided for an outer limit of 12 years for the execution of a decree. This maximum period of 12 years from the date of the decree, as provided under Section 48, was the total time allowed for the execution of a decree, although the three-year period provided under Article 182 of the repealed Act ran from the date of the amendment of a decree. In other words, under the repealed Act, although the period of limitation began to run afresh with every amendment, the decree became barred upon the expiry of 12 years from the date of the original decree : See Ganeshmal Pasmal v. Nandlal Tulsiram (AIR 1954 Bom 104).