OM SUTA Vs. SUKHDEV SINGH

JUDGEMENT

(1.) THIS petition has been directed against the order dated 3.8.1996 passed by Additional Civil Judge (SD), Jagadhri. By this order, the application for impleading Sham Kaur and Om Suta as LRs of defendant Tarawati deceased has been allowed.

(2.) MR . Bhag Singh, the learned counsel appearing on behalf of the petitioners submitted that the LRs of deceased judgment debtor Tarawati have been impleaded after the expiry of more than 12 years from the date of passing the decree and as such the application for impleading the LRs of the judgment debtor was barred by Article 136 of the Indian Limitation Act, 1963. In support of his submission, the learned counsel placed reliance on a judgment of Bombay High Court in Presidency Industrial Bank Limited v. The Hindustan Leather Limited, AIR 1969 Bombay 84 and a judgment of this Court in Sumer Singh v. Kansi Ram, 1994(1) R.R.R. 48 : 1993 PLJ 467.

(3.) I have given my thoughtful consideration to the submissions made by the learned counsel for the parties and have perused the record. The admitted facts of the case are that the suit filed by the respondent/Decree Holder was decreed against deceased defendant Tarawati on 24.8.1982. Defendant Tarawati died on 8.8.1992. The execution application was filed by the Decree Holder on 24.1.1994. During the pendency of the execution application, the Decree Holder filed the application for impleading the legal representatives of Tarawati on 14.11.1994. Article 136 of the Indian Limitation Act, 1963 provides a period of 12 years for the execution of any decree from the time when the decree becomes enforceable. Admittedly, in the present case the decree was passed on 24.8.1982 and the application for execution of this decree could be filed on or before 23.8.1994. In the present case, the application for impleading legal representatives of deceased Tarawati was filed on 14.11.1994 i.e. beyond the period of 12 years from the date of passing of the decree. In view of the said fact, the execution application against the legal representatives of deceased Tarawati judgment debtor is barred by Article 136 of the Indian Limitation Act insofar as the legal representatives of deceased judgment debtor Tarawati are concerned.