JAGADISH CHANDRA SAHOO Vs. SANTOSH KUMAR NAYAK

JUDGEMENT

(1.) In these appeals we have to decide when a decree becomes executable for the purpose of limitation The facts are that T.S. Nos. 7, 5 and 56 of 1951 were decreed by the trial Court on July 26, 1952. There were appeals against these decrees marked as T.A. Nos. 229, 230 and 231 of 1952. These appeals were preferred by the Defendants. The appeals were dismissed on November 30, 1953 and the decrees of the trial Court were affirmed. Then there were the Second Appeals. The second appeals are S.A. Nos. 718 to 720 of 1954. On January 14, 1960, these appeals were allowed. The cases were remanded to the lower appellate Court by this Court. On February 15, 1961, the lower appellate Court dismissed the title appeals after remand and affirmed the trial Court's decrees. There were again a second series of second appeals, being S.A. Nos. 346, 347 and 348 of 1962. These second appeals were dismissed on September 14, 1964, under Order 41, Rule 11 of the Code of Civil Procedure. The execution cases, which arc the subject -matters of these appeals, were instituted on February 17, 1965.

(2.) It is common case that the new Limitation Act of 1963 would apply to these execution cases. This Act was passed in October 1963 and came into force on January 1, 1964. Under Article 136 of this Act, the period of limitation is 12 years "for the execution of any decree (other than a decree granting a mandatory injunction) or an order of civil Court." The time from which this period of twelve years begins to run is, inter alia, when the decree becomes enforceable.

(3.) On behalf of the Appellants it has been urged before us that the decrees in the instant case became executable on July 26, 1952, when they were passed by the trial Court. There were no stay orders and as such, under the new Limitation Act applications for execution should have been made within July 26, 1964.