https://www.taxtmi.com/caselaws?id=305453 In execution proceedings, an order made after notice to the judgment-debtor may in appropriate circumstances amount to an implied determination that the decree is executable and that the application is within limitation. The principle of constructive res judicata, through Explanation IV to Section 11 CPC, can then bar a later limitation objection if the earlier order necessarily decided that execution could proceed. However, a mere interlocutory direction to take further steps, without a final order allowing execution, does not have that effect. On the facts discussed by the Orissa HC, the earlier order was not such an adjudication, so the later objection was not precluded and execution was treated as time-barred. en-us Mon, 20 Dec 1971 00:00:00 +0530 Mon, 05 Dec 2022 14:44:01 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=305453 In execution proceedings, an order made after notice to the judgment-debtor may in appropriate circumstances amount to an implied determination that the decree is executable and that the application is within limitation. The principle of constructive res judicata, through Explanation IV to Section 11 CPC, can then bar a later limitation objection if the earlier order necessarily decided that execution could proceed. However, a mere interlocutory direction to take further steps, without a final order allowing execution, does not have that effect. On the facts discussed by the Orissa HC, the earlier order was not such an adjudication, so the later objection was not precluded and execution was treated as time-barred. Case-Laws Indian Laws Mon, 20 Dec 1971 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=305453