JOKHAN RAI Vs. BAIKUNTH SINGH

JUDGEMENT

(1.) Whether the terminus a quo for computing the period of limitation of 12 years under Art.136 of the Indian Limitation Act, 1963 is the date of the original decree alone or in the event of an appeal that of an appellate decree as well is the somewhat significant question necessitating this reference to the Full Bench.

(2.) The chequered history of the litigation has completed its silver jubilee. The decree-holder filed Title Suit No. 161 of 1961 against the judgement-debtor which was dismissed by the 2nd Additional Munsif, Patna, way back on the 25th of January, 1964. A title appeal was preferred against the same in which the judgement and decree of the lower Court was set aside and the suit decreed vide judgement dated the 23rd of December, 1969. The judgement-debtor thereafter filed Second Appeal No. 121 of 1970 which ultimately came to be dismissed after a decade on the 21st of March, 1980.

(3.) The opposite party decree-holder filed Execution Case No. 7 of 1983 in the Court of the Execution Munsif, Patna. Therein petition under O.XXI, R.23 of the Code of Civil Procedure (hereinafter called the 'Code') and Art.136 of the Indian Limitation Act (hereinafter to be referred to as the 'Act') was preferred by the judgement-debtor taking the stand that the execution proceedings were beyond period of twelve years from the grant of the decree on the 23rd of December, 1969. Basic reliance was placed on AIR 1980 Pat 280, Kali Prasad Bajpayee v. Bhagwati Prasad. The execution Court, however, rejected the petition of the judgement-debtor.