Limitation for execution runs from judgment date, not later decree preparation, under Article 136 and CPC procedure.

For execution petitions under Article 136 of the Limitation Act, limitation begins when the decree becomes enforceable on pronouncement of judgment, not when the formal decree is later drawn up and signed. The judgment operates as a deemed decree until the formal decree is prepared, and the CPC scheme, including Order XX Rules 6A and 7, supports execution from the date of judgment by requiring the decree to bear that date. The delay in drawing up the decree does not postpone enforceability, and the maxim actus curiae neminem gravabit applies only where court delay causes demonstrable prejudice. Sections 5 and 12(2) were held inapplicable to extend limitation in the manner claimed.

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Issues: Whether, for an execution petition under Article 136 of the Limitation Act, 1963, the period of limitation begins from the date of the decree or from the date on which the decree is actually drawn up and signed by the Judge.

Analysis: Article 136 prescribes twelve years for execution of a decree and the starting point is when the decree becomes enforceable. A decree becomes executable on the pronouncement of judgment, because the judgment itself operates as a deemed decree until the formal decree is drawn up under Order XX Rule 6A of the Code of Civil Procedure. Order XX Rule 7 of the Code of Civil Procedure also requires the decree to bear the date of the judgment. The scheme of the Code therefore allows execution from the date of judgment and does not postpone enforceability until the formal decree is prepared. The maxim actus curiae neminem gravabit applies only where court delay causes actual prejudice with a clear nexus to the hardship complained of, which was absent here. Sections 5 and 12(2) of the Limitation Act, 1963 do not extend to execution petitions in the manner claimed.

Conclusion: The period of limitation under Article 136 runs from the date of the decree, i.e. the date of pronouncement of judgment, and not from the later date when the decree is drawn up and signed. The contention of the appellant failed.

Ratio Decidendi: For execution under Article 136 of the Limitation Act, 1963, limitation begins when the decree becomes enforceable on pronouncement of judgment, and delayed formal drawing up of the decree does not postpone the starting point of limitation.

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