2023 (4) TMI 1065

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....smissing the revision petition. 2. 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. 31.03.1994, will be considered for establishing the period of limitation under the Limitation Act, 1963 (hereinafter "the Act") for instituting execution proceedings? 3. It is imperative to discuss the legislative provision governing the limitation period in the execution of a decree i.e., Article 136 of the Act. The said Article is specific as it prescribes and deals with the applications for the execution of decrees and orders. It provides that ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....CC 469, this Court (2-Judge Bench) held that in view of the words "when the decree 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. 6. Furthermore, in Bimal Kumar v. Shakuntala Debi (2012) 3 SCC 548, this Court (2 Judges) observed: "41. In this context, we may usefully refer to the dictum in Ratansingh v. Vijaysingh [(2001) 1 SCC 469] wherein, while dwelling upon the concept of enforceability of a decree and the effect of an order of stay passed by the appellate court, the Bench stated thus: "8. When is a decree becoming enforceable? Normally a decree or order becomes enforceable from its date. But case....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....o. 1 to 4 shall have the right to take the same." 8. A perusal of the above clause of the compromise decree clearly shows that during the pendency of the suit, the Appellant surrendered the land to the State Government. 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. 9. The facts of the instant appeal reveal that the cause of action to execute the compromise decree arose when the premises were taken away from the possession of the Decree holders (Respondents Nos.1 to 4). The dispossession of the Respondents was confirmed vide f....