Mahesh kumar Orchu (student) 17 May 2023
Greetings for the day,
in a particular case respondent not attended the case , that case was stated as “EX-parte Decree” in 2021, with cost of Rs: amount with interest 24% per annum., still we not filed for Execution petition. Now the Questions are
If I’m delay in filing the E.P is am benefited by more money?
What is duration for filing the E.P.
What are the consequences if E.P is delay?
Kindly guide me
Thank you in Advance.
T. Kalaiselvan, Advocate (Advocate) 17 May 2023
Article 136 of the Limitation Act lays down that the period of execution of any decree apart from decree of mandatory injunction is 12 years whereas for any 'application' for which no period is prescribed, the same shall be 3 years vide Article 137 of the Limitation Act.
Section 48 stated that "where an application to execute a decree not being a decree granting an injunction has been made, no order for the execution of the same decree shall be made upon any such application presented after the expiration of 12 years from the date of the decree sought to be executed.
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