BISWAPATI DEY Vs. KENNSINGTON STORES

JUDGEMENT

(1.) The short but important point involved in this execution application is about the meaning of the expression "when the decree or order be- comes enforceable" as provided in the third column of Article 136 of the Limitation Act of 1963. By the said provision 12 years' time has been given for the execution of a decree. The said Article provids :

(2.) On behalf of the decree-holder It is argued that the time to obtain the certified copy of the decree should be excluded in computing the period of 12 years mentioned in column two of the aforesaid Article and 12 years should start running from the date when the certified copy thereof is obtained from court. The point arises on the following facts :

(3.) On 30th November 1956 the decree herein was passed. Requisition to draw up the decree was put in on the very same date. Thereafter the draft decree was issued for approval and the same was settled and passed finally on 19th March, 1957. The decree was filed on 25th June, 1957. On behalf of the decree-holder stamps were put in on 10th August 1959 for obtaining the certified copy of the decree. The present tabular statement was taken out on 25th January 1969 accompanied by the certified copy.