FATHIKA BIBI Vs. DEVENDRAN

JUDGEMENT

(1.) The Civil Revision Petition has been filed against the order dated 30.11.2000 dismissing E.P. No. 10 of 2000 in O.S. No. 24 of 1924 filed by the revision petitioners herein.

(2.) The suit in O.S. No. 24 of 1924 was filed for partition in which a preliminary decree for partition was passed on 09.04.1929. On the basis of the Preliminary decree, a final decree was passed on 18.01.1979. While so, the revision petitioners, who are the plaintiffs 2 to 6 in the suit, have filed E.A. No. 10 of 2000 in O.S. No. 24 of 1924 under Order 21 Rule 35 and Section 50 of CPC for execution of the decree. This application was dismissed by the trial court on 30.11.2000 on the ground that the execution application has been filed beyond the period stipulated under the Code. Aggrieved by the same, the present Civil Revision Petition has been filed.

(3.) The only argument raised by the learned counsel for the petitioner is that for executing the final decree, the period of limitation commences only from the date on which the final decree is engrossed on requisite stamp papers and not from the date of passing of the final decree. Therefore, she would contend that the Execution Petition has been filed within the period of 12 years but the trial court failed to appreciate the same.