Limitation for execution runs from final disposal of second appeal, not from the lower appellate decree when appeal remains pending.

For execution under Article 136 of the Limitation Act, limitation begins when the decree becomes enforceable. Where a decree is taken in second appeal, the matter remains sub judice until that appeal is finally terminated, and a dismissal for default or non-compliance does not end the controversy earlier. The decree of the courts below attains finality only on dismissal of the second appeal, so limitation runs from that date. On that basis, the execution petition was treated as filed within the twelve-year period.

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Issues: Whether, for computing limitation for execution under Article 136 of the Limitation Act, 1963, the period began from the date of the lower appellate decree or from the date on which the second appeal was dismissed for non-compliance.

Analysis: Article 136 provides that limitation begins when the decree becomes enforceable. Where a decree is carried in second appeal, the matter remains sub judice until the appellate proceeding is finally terminated. Even a dismissal for default or non-compliance keeps the controversy alive until that dismissal, and the decree of the courts below attains finality only thereafter. On that basis, the enforceable decree for execution purposes was the decree as finally concluded on dismissal of the second appeal.

Conclusion: The period of limitation was to be counted from 16.9.1988, and the execution filed on 24.9.1998 was within twelve years.

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