Apex court of India findings on court decrees.
Querist :
Anonymous
(Querist) 18 November 2009
This query is : Resolved
Respected Sir,
Can you refer me at least one or two findings of Supreme court decisions in respct of maintainbility/non maintainibility of an un executed court decree, after 12 years.
AEJAZ AHMED
(Expert) 18 November 2009
Article 136 of the Schedule to the Limitation Act 1963 provides 12 years for execution of any decree or order of any civil court (other than a decree
granting a mandatory injunction). The third column in the Article which indicates the time from which period begins to run, states that when the decree
or order becomes enforceable.
It is observed in the attached Judgment:
So the end result is this: The decree became enforceable on 1.8.1973 when the appellate court passed the decree which superseded the decree of the trial court. As no decree was passed by the High Court in the second appeal the decree of the first appellate court remained unaffected and the enforceability once commenced remained undisturbed for a period of 12 years therefrom. The execution process initiated by the appellant long after the expiry of 12 years from 1.8.1973 is thus irretrievably barred. Hence no interference is called for. The appeal is accordingly dismissed.
Raj Kumar Makkad
(Expert) 18 November 2009
Nothing is required to be added in the details submitted by Aejaz.
Suhail suhail
(Expert) 20 November 2009
Hello: to all of my respected Lawyer members.Mr.Eajaz,well in fact it is the comprehensive Judgment regrading the execution of court decrees and limitation thereof,and the findings returned by their Lordships;i would seek serious attention of my learned friends that Mr.Anonymous had placed the same question before a week or so and i had replied the query with comprehensive details along with the citation as placed by you(Mr.Eajaz),it is strange to see Mr. Anonymous again repeating the question,besides many objectionable comments has been also observed from him, unanimously it was decided to ignore the queries from Mr. Anonymous,Mr. Raj has particularly suggested not to respond to any query by the mentioned person,just two weeks back the person has placed comments as to why should the polygamy be allowed in Hindu Law by supporting examples of Dashrat had three wives,and Lord KRishna has also more than one wife.Today again the query placed which stood replied in terms of mentioned land mark Judgment by Mr.Ejaz.I want the real needy persons may not be ignored from being guiede.Hope the request will be heeded.Thanks
Querist :
Anonymous
(Querist) 20 November 2009
Respected Aejaz Ahmed & Mr. Raj Kumar ji,
Namaste.
As the matter itself involves in crores of rupees and whereas it is also pending before the Supreme Court, we are in anxiety. So that i want to share/clarify my doubts with you, being a senior counsels. If I commit a mistake in taking any step/s it will be reflecting more. So I have to go and search in all aspects either positively or negitively and also I should have to get some more knowledge about the strengthen of the case. I have been defending the case for the last 40 years in all courts. Plz.understand my situation.
In this I was not forced to share ur thinkings about the case and I humbly requests the experts, pls.dont mis-understand me, who are not interested to give their suggesstions.
Thanking you.
