CiteTEXT
...made a reference to Article 136 of Limitation Act, 1963 (hereinafter referred to as Act for convenience), and submitted that the decree becomes enforceable from the date...Article 136 of the Limitation Act. Therefore, in respect of execution of decree on this aspect importance will have to be given to ...."
In view of the Article 136 of the Act, which has repealed Section 48 of Civil Pr...
...21.06.1991 and therefore, limitation of 12 years as prescribed under Article 136 of Limitation Act, 1963, would run from the date of dismissal .... Article 136 of Limitation Act, 1963, which is applicable to the matter, reads as under:Description of Application
Period of Limitation
...to any period of limitation8. It is true, if the amount due to the petitioner has not been fully satisfied, the petitioner is entitled to initiate execution proceedings until the amount due to him is full...
...
came to be dismissed only on 21.06.1991 and therefore, limitation of 12 years as prescribed under Article 136 of Limitation Act, ....
7. Both these contentions are untenable in law. Article 136 of Limitation Act, 1963, reads as under:
Description of Period ...
subject to any period
of limitation.
4
8. It is true, if the amount due to ...
...petitioner.
5. As per Article 136 of Limitation Act, 1963, period for execution of decree is 12 years from the date when decree or order become enforceable. Key word is when de...petitioners submitted that application for execution is barred by under Limitation Act. Period of limitation will start running from date of judgment and decree and not from the date of order pass....
ORDER
Petitioners have filed this petition under Article 227 of the Constitution of India challenging order dated 06.05.2025 contained in Annexure-P/8 passed...
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...decree. On receiving the notice of the said execution applicant submitted an objection that the execution proceeding is barred by limitation as per Articles 135 and 136 of the Limitation ...Article 135 of the Limitation Act is applicable, therefore, the execution filed after about 14 years from the date of judgment and decree i.e 01.07.1994 is not maintainable and s...such decree the execution has been filed within the period of limitation so prescribed, therefore, neither Article 135 nor Article 136 of the Limitation ...
..., Jaipur City, Jaipur, holding that in view of Article 136 of the Limitation Act, 1963 the application of the decree-holder auction-purchaser for delivery of possession ...barred by limitation under Article 134 of the Limitation Act.4. It was held by the learned District Judge that in view of the provision of Explanation II ...would be questions relating to the execution of the decree and, as such, Article 136 and not Article 134 of the Limitation Act would apply. Further, the learned Judge held, inter alia, th...
...1 to 8 is barred by limitation as per Section 14 and Article 136 of Limitation Act. According to the petitioners, the preliminary decree was passed in the suit on...merits. The application for final decree is continuation of the suit and the suit is deemed to be pending till the final decree is passed. Article 136 and Section 14 of Limitation ...is no representation either in person or through counsel. 7.The only objection of the learned counsel for the petitioners is that final decree application is barred by limitation as the same is not...
...rendered on 11.07.2002 and therefore, Article 136 of Limitation Act is applicable to the present case on hand and the decree was enforceable as on 2002 and therefore, execution petition filed on...-
the present petitioners and therefore, in terms of Article 136, the decree became enforceable the moment specific performance suit filed in O.S.No.30/1996 was decreed on 11.07.2002. Therefor...petitioners having challenged the agreement by filing a partition suit in O.S.No.711/2001, cannot take benefit by raising a plea of limitation under Article 136 of Limitation Act.
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...executed as it is barred by limitation and the same is hit by Article 136 of Limitation Act, 1963. The Executing Court having verified the records was of the view that the decree became e...limitation under Article 136 of the Limitation Act and therefore, the Executing Court negatived the defence in regard to limitation raised by the present petitioner herein. It is this ord...same is within the prescribed limitation under Article 136 of the Limitation Act.
8. For the reasons stated supra, I pass the following...
...whether the period of limitation, under Article 136 of the Limitation Act, 1963, will start from the date of the decree or from the date when the decree is actually drawn up and ...holding that the execution petition was barred by limitation under Article 136 of the Limitation Act and thus allowed the appeal on 30-9-1997. That judgment and order is challenged, by special lea..., in this appeal.4. Mr Tapas Ray, learned Senior Counsel appearing for the appellant has argued that for the purposes of Article 136 of the Limitation Act, the starti...
...- holder from the date of the judgment till expiry of the period of limitation under Article 136 of Limitation Act.”6. In the d...Hon'ble Apex Court held that after passing the judgment and order of decree the Court became functus officio. It is axiomatic truth that under Article 136 of Limitation ....3. Now factual aspect is required to be revisited. The present decree holder had filed an application under Section 8(2) of the Arbitration and Conciliation Act 1940 in...
...petitioner could file the second execution petition within time under Article 136 of Limitation Act, due to outbreak the corona and indefinite the lockdown being enforced. In this connection, the learned..., it appears that the second execution petition is maintainable, though the limitation could have expired otherwise under Article 136 of the Limitation Act is applied. Para 12 and 13 from the said...the order passed by this Court in C.R.P. No. 709 of 1980 by the Supreme Court of India, it must be held that Article 136 of the Limitation Act alone can be applied to...
...-holder himself on 08.12.2007, hence there is no question of revival of the execution application.Article 136 of the Limitation Act reads as under:-...per Article 136 of the Limitation Act, execution for decree for possession can be applied within 12 years from the date of decree.Undisputedly, first...execution application is allowed to remain dismissed for 12 years then its revival/restoration would be in violation of Article 136 of Limitation Act. Hence, revival ...
...contends that Article 137 applies to the facts of this case. In my opinion there is no question of application of Article 137 of the Limitation Act in ...follows:“Such application can be made at any time within the period of limitation provided by the residuary Article 181, Limitation Act. Viz, 3 years from the time...decision the majority Judges suggested that an application can be made by the heirs within the period of limitation as prescribed by Article 181 of the Indian Limitation Act....
...No. 55 of 2014 is not filed within the period of limitation as contemplated under Article 136 of Limitation Act; and (2) if the orders of the...contention of learned counsel for the respondents-Decree holders is that period of limitation starts with effect from 07.5.2003 i.e., the date of execution of the sale deed. In order to appreciate the riva...Article 136 of the Limitation Act, from the date of obtaining of the registered sale deed by the plaintiff-decree holder. During this interregnum period, the decree obtained by t...
...Limitation Act.7. On the contrary, learned advocate for the respondent/plaintiff would submit that the plaintiff has not only obtained a decree for mandatory injunction but also a decree for possession. The period for...Article 135 to Indian Limitation Act and the decree was passed on 18.12.1991 and the second appeal was dismissed on 29.9.95 But, the Execution Petition was filed on 1.7.99 which...plaintiff has not chosen to execute the decree for mandatory injunction within a period of three years and therefore, the execution petition filed beyond the period of three years is hit by Article 135 of...
...while passing the decree on 8th April, 1930 no time was prescribed for payment of Rs. 4,500/- to second defendant and, therefore either under Article 136 of the Limitation ...decree to proceed for drawing the final decree. This course can be exercised by the Court either suo motu or on an application by a party. Article 137 of the Limitation Act cannot be appl...Limitation Act has no application and the limitation prescribed under Article 136 of...
...dismissal of the second appeal would make the position different as the time would run from the date of such dismissal. He adopted a second contention that interpretation of the law of limitation should be.... It must be noted that the present Limitation Act has amended (sic repealed) Section 48 of the old CPC. The position under Article 182 of the old Limitation Act was quite different from ...becomes enforceable … ”.7. The forerunner of the said article in the Limitation Act, 1908 (for short “the old Limitation Act”) was Article 182. It was worded li...
...counsel for the appellant placing reliance on Article 136 of the Limitation Act argued that the said article prescribes a limitation period of twelve years in cases of e...-holder or judgment-debtor and therefore in a strict sense it cannot be said to be a case of execution of a decree. Article 136 of the Limitation Act has no application in the facts .... Article 136 specifically uses the words “decree or order of any civil court”. The application under Sections 31 and 32 of the State Financial Corporation Act is not by way of execution ...