Determining the Starting Point of Limitation in Execution Proceedings

The question which arises in this Appeal before us is whether the date on which the compromise decree dated 26.04.1960 was entered into in Civil First Appeal No.11/1959 or the date when the final decree was passed by the Civil Court in Suit No 30 A/87 i.e. It provides that the execution proceedings have to be initiated within 12 years from the date when the decree or order becomes enforceable or where the decree or any subsequent order directs payment of money or the delivery of any property to be made at a certain date or at recurring periods, when default in making the payment or delivery in respect of which execution is sought, takes place. , this Court (2-Judge Bench) held that in view of the words “when the decree 4 or order becomes enforceable” occurring in Article 136 of the Act, the starting point of limitation would be the date on which the decree becomes capable of execution. Respondents No 1 to 4 shall be entitled to maintain their right and possession over the 5 same as before and would be entitled for getting the proceedings of the surrender as terminated, and for this they may initiate legal action. Notably, this compromise decree was entered into wherein it was specified that if due to such surrender the Respondents (Decree holders) were to lose possession of the land, then the Appellant (Judgement Debtor) would give 1 bigha and 5 biswas to the former.

Looking at it through a different lens, it appears that clause 6 of the compromise decree could not have been executed unless the Decree Holders were to lose their right of possession, which fact was not a possibility unless such rights stood conclusively determined by the Civil Court. The period of twelve years is computable from the said date, hence the Execution Application made on 17.07.1995 is within Limitation.

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Case Number: C.A. No.-011040-011040 / 2013

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