Hi to all,
An order has been passed in favour of me from Dist. Consumer Forum..The opposite party is not complying with the order..Now I want to file execution but it has been 1 yr since the order is passed...I want know What is the time limit to file the execution petition??
You can file the execution under Section 25 or Section 27 of the Consumer Protection Act, anytime within 12 Years.
There is no limitation prescribed in the Consumer Protection Act for executions, so you will have to fall back on Limitation Act, as per which you have 12 years.
As per the Third Division - Aplications of the LA, under article 136, Execution of decree is twelve years except for a decree granting mandatory injunction. As such Rajneshji, has rightly pointed oyt the law, and I agree with him.
RAKHI BUDHIRAJA ADVOCATE
I do agree with my ld. friends.
with due respect to my friends, may i know as to whether order of consumer forum is a "Decree" and the forum is a" Civil court" for the purposes of Art. 136 of schedule of limitation Act ? i think answer is negative.
then Art. 137 of schedule of limitation Act is applicable here which prescribes three years limitation period for " any other application fo which no period of limitation is provided elsewhere in this Division."
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