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Env Coord (.)     22 April 2022

When does a decree become enforceable in context of calculating limitation period ?

Hello Respected Lawyers,

When does a decree passed by a Civil Court becomes enforceable, on what day exactly?

  1. Is it on the date of judgment ?
  2. Is it after 3  months (90 days) from the date when judgment was signed by Judge ? (if no appeal has been filed)
  3. Is it immediately after the date when appellate court delivers the judgment on impugned decree ? (if appeal has been preferred by the defendant) ?

I need to know for computing the limitation period for execution of decree.

Best Regards

VISHAL SAHA


 



Learning

 6 Replies

Dr J C Vashista (Advocate)     23 April 2022

For computing the limitation period for execution of decree it is after 3  months (90 days) from the date when judgment was signed by Judge and no stay has been granted by appellate court (if appealed)

 

1 Like

Shubham Bhardwaj (Advocate)     23 April 2022

Dear Mr Saha, 

A decree can be executed within 12 years from the date a decree becomes enforceable. Now a decree is enforceable from the day it is signed. Please note that the judgment debtor is given some days time usually 30 days from decree to comply. If the same is not complied the decree holder cna file execution. However not it is settled that application for execution of a decree filed prior to expiry of those 30 days is also maintainble. 

In case of any further doubts, please feel free to post further query in same thread. 

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh

 

Disclaimer:- Opinion is only for guidance. 

1 Like

Env Coord (.)     24 April 2022

Does Limitation period apply to Order VIII Rule 1 of CPC when defendant has been served with summons on 2nd April, 2022. 
Factual matrix of the issue being Plaintiff moved interlocutory application under Section 94 CPC for appointment of receiver and calling upon defendant to furnish security. Due Covid restrictions and less attendance of court staff, Judge allowed Plaintiff to serve copy of I.A. to defendant via registered post (A.D.), Defendant received RPAD postal article on 2nd April, 2022.
So how is 4 weeks limitation period to file say calculated by Court ?
Does it include or exclude public holidays like Eid, Good Friday and Sunday while computing 4 weeks from the date of receipt of RPAD via defendant? 

Shubham Bhardwaj (Advocate)     29 April 2022

Dear Mr Saha, 

Please note that Limitation Act does not apply to written statement because the limitation to file the written statement is provided in Order VIII CPC itself. Further the period mention in Order VIII CPC is not mandatory. Therefore court allows lot of time to file WS. However, if the defendant after repeated grant of time to file WS fails to do it, the court then passes an ex-parte order and a decree follows. This is the process in general. 

 

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh

 

Disclaimer:- Opinion is only for guidance. 

 

 

Dr J C Vashista (Advocate)     30 April 2022

Originally posted by : Env Coord

Does Limitation period apply to Order VIII Rule 1 of CPC when defendant has been served with summons on 2nd April, 2022. Factual matrix of the issue being Plaintiff moved interlocutory application under Section 94 CPC for appointment of receiver and calling upon defendant to furnish security. Due Covid restrictions and less attendance of court staff, Judge allowed Plaintiff to serve copy of I.A. to defendant via registered post (A.D.), Defendant received RPAD postal article on 2nd April, 2022.So how is 4 weeks limitation period to file say calculated by Court ?Does it include or exclude public holidays like Eid, Good Friday and Sunday while computing 4 weeks from the date of receipt of RPAD via defendant? 

No, provision of Order VIII  Rule 1 is not applicable in the instant case.

Service of notice to defendant is restricted till the issues in the suit are not decided i.e., decree passed / dismissed.

Application under Section 94 CPC can be moved and considered when Court finds the property is required to be taken over.

Your query is qua service of summon/ notice of suit or application u/s 94 CPC, be clear ?

Service of notice /   summons within 4 weeks shall not be directed by any Court, please recheck the order.

Facts vis-a-vis query require clarity and redrafting for proper appreciation, opinion and obligation of experts.

Env Coord (.)     30 April 2022

This was suppose to be posted on a different thread, by mistake got typed into this query. 

Apologizes for this.


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