Mistake in limitation in execution decree

Sir,

The execution is well within limitation.

Sir Swathi S Bhatji,

My enquiry is whether decree holder has applied for execution decree before time, i.e. according to point 116 of the schedule of period of limitation, there is period of 90 days, from the date of decree or order it appeal to a High Court from any decree or order. So I want to know since decree holder has applied before the 90 days, so Whether there is any mistake regarding limitation, If yes how to rectify and what is effect in future if not rectified. 

Dear madhu Mittal,

There is no mistake. The Limitation Act provides the time period within which you have to fill for the execution of the Decree i.e. within 90 days for the date of order. so don't worry.

Hope this information will be helpful to you.

Dear madhu Mittal

as per your information the decree is ex-party, if its against you then you are the judgement debter and you have 90 days time to set a side the ex-party decree under order 9 rule 13 CPC 1908 and the decree holder have right to file execution petition any time within 12 years. as you ask that the ex-party decree holder file EP before passed 90 days, there is no provision that the decree holder can not file EP before 90 days,  you file an application u/o 9 r 13 in the court who passed the decree and if the Hon'ble court satisfied with your view and circumastances the decree can be set a side.

if any other clarification the feel free to write me on my mail nadeemqureshi1@gmail.com

or call me on 9953809956 

Execution is well in time. It can be filed within 12 years from the date of decree.