LAXMAN Vs. SIYARAM SHARMA

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution is directed against the order dated 19.1.2013 whereby the Court below rejected the application of judgment debtor/petitioner preferred under Section 151 of CPC. In the said application, the petitioner stated that the execution proceedings are barred by time, and therefore, the same are liable to be dismissed. The said application was opposed by the respondents/decree holder.

(2.) THE Court below opined that a minute reading of the record shows that the execution case was rejected by the trial Court on 31.8.2006. This order of the trial Court was set aside by this Court in W.P.No.5605/2006 on 8.7.2010. Pursuant to the Court order, an amendment was allowed and date of decree was permitted to be amended/corrected as 9.8.1978 in lieu of wrongly recorded date i.e. 9.8.1973.

(3.) THE petitioner in his application under Section 151 of CPC specifically stated that the order passed in appeal (Annexure P/6) and by this Court (Annexure P/7) are not arising out of the same execution proceedings, and therefore, time consumed in those matters before the appellate Court by Annexure P/6 or before this Court in S.A.No.36/1982 cannot be a relevant consideration for the purpose of counting limitation in the execution proceedings. In other words, it is stated that the judgment and decree was passed on 9.8.1978. The execution proceedings could have been initiated within 12 years i.e. till 9.8.1990. No execution proceedings are filed within the aforesaid time. The appellate order (Annexure P/6) dated 13th January, 1982 shows that it is arising out of civil suit No.235 - A/73 decided on 25.4.1975.