RAMKRISHNA BAJIRAO GOTMARE Vs. KANHAIYALAL TRIBHUWANLAL SHAH

JUDGEMENT

(1.) WHAT is the starting point of limitation to file an application under Art. 136 of the Limitation Act, 1963, for execution of a decree affirmed in appeal and when there was no stay, is a point to be determined in this civil revision application. That under the old Limitation Act, 1908, starting point was the date of appellate decree in such a situation, is not disputed before me. Contention is that the new Act has brought about a change in the legal position by which time begins to run from the date of passing of the original decree, since it is enforceable from that very date. Art. 136 is worded as under: for the execution of any decree (other than a decree granting a mandatory injunction) or order of any civil court. Twelve years. When the decree or order; becomes enforceable or where the decree or any subsequent order directs any payment of injunction) or order of any money or the delivery of any of any property to be made at a certain date or at recurring periods, when default in making the payment or delivery in respect of which execution is sought, takes place : Provided that an application for the enforcement or execution of a decree granting a perpetual injunction shall not be subject to any period of limitation. Article 182 for the execution of a decree or order of any Civil Court not provided for by article 183 or by section 48 of the Code of Civil Procedure, 1908. Three years; or where a certified copy of the decree or order has been registered, six years. 1. The date of the decree or order, or

(2.) (WHERE there has been an appeal) the date of the final decree or order of the Appellate Court or the withdrawal of the appeal, or

(3.) (WHERE there has been a review of judgment) the date of the decision passed on the review, or