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        1967 (7) TMI 134 - HC - Indian Laws

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        Statutory award not a civil court decree: limitation rules for decree execution did not apply under the special Act. An award under the Hyderabad Agricultural Debtors Relief Act, 1956 was treated as a statutory award of a special court, not as a decree or order of a ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.

                            Statutory award not a civil court decree: limitation rules for decree execution did not apply under the special Act.

                            An award under the Hyderabad Agricultural Debtors Relief Act, 1956 was treated as a statutory award of a special court, not as a decree or order of a Civil Court. Registration under the Act and the application of the Code of Civil Procedure subject to the Act did not convert that award into a civil court decree, and in the absence of a deeming provision, limitation provisions governing execution of civil court decrees under Article 182 of the Limitation Act, 1908 and Article 136 of the Limitation Act, 1963 did not apply. Execution was therefore not barred by limitation.




                            Issues: Whether execution of an award made under the Hyderabad Agricultural Debtors Relief Act, 1956 was governed by Article 182 of the Limitation Act, 1908 or Article 136 of the Limitation Act, 1963, and whether such award could be treated as a decree or order of a Civil Court for limitation purposes.

                            Analysis: The award under the Hyderabad Agricultural Debtors Relief Act, 1956 was not a decree or order of a Civil Court. The Act created a special court and consistently described the final adjudication as an award, not as a decree. Registration under Sections 38, 49, 50 and 51 was a statutory step, but it did not transform the award into a civil court decree. Article 182 of the Limitation Act, 1908 applied only to execution of decrees or orders of civil courts, and Article 136 of the Limitation Act, 1963 also dealt with execution of decrees and orders in that sense. The Act contained no deeming provision converting the award into a decree, unlike the cited co-operative societies enactment. Section 47 of the Act made the Code of Civil Procedure applicable only subject to the Act and did not override the Act's express characterisation of the final adjudication as an award.

                            Conclusion: The limitation provisions governing execution of civil court decrees did not apply, and the execution application was not barred by limitation.

                            Final Conclusion: The revisional challenge to execution failed because the award remained a statutory award executable under the special Act and not as a civil court decree.

                            Ratio Decidendi: Where a special statute creates a special court and expressly treats its final adjudication as an award without deeming it to be a decree, limitation provisions applicable to execution of civil court decrees do not govern its execution.


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