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Forum Home > General Practice > Civil Law > execution can having the limitation to file???????   Unanswered Threads Post New Topic


04 July 2009, 16:21   Report Abuse

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Vinay Chhikara

Legal Expert



[ Scorecard : 167]


 a court has decreed a case then opposite party moves to appelat court in sessions court. that court also dismissed the appeal. after they move to the high court then the appelant got "dissmissed default" in  the court about the 8 years back

can the execution is able to lie or not   ????????????/

tell me if yesssssssss


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04 July 2009, 20:26  

prof s c pratihar

medical practitioner &legal studies



[ Scorecard : 1456]


limitation---the period of limitation of a decree(other than a decree granting mandatory injuction)is twelve years from the date of the decree.the period of limitation for for the eecution of a decree for mandatory injunction is three years from the date of the decree.




04 July 2009, 22:06  

Amit Gupta

Advocate



[ Scorecard : 238]


yes of cource... Pro. Saab is right. and the limitaion starts frm the the day, the decree is executable, in case a stay of appeallate court is there thn the time period in which stay was oprating will be deducted from the limitaion.



05 July 2009, 16:08  

Vinay Chhikara

Legal Expert



[ Scorecard : 167]


 thanks



29 August 2009, 15:12  

adv. rajeev ( rajoo )

practicing advocate



[ Scorecard : 13672]


to file execuction petition limitation is 12 years.




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