Limitation Period Would Commence Only With The Degree Becoming Enforceable Says Supreme Court In Light Of Article 136 Of The Limitation Act,1963

What is the case about?

An appeal was filed against the judgement and order passed by the High Court of Madhya Pradesh.

Execution application was made by the appellant on 17.07.1995

In the judgement, HC dismissed the revision petition on the ground that the execution application was filed after 12 years from the date of Decree and hence is barred by time period.

The question before the court was to decide from which date the limitation period would begin:- 26.04.1960 when compromise decree was entered  into in civil appeal or 31.03.1994, when final Decree was passed by the civil court ?

Observations of the Court 

The Supreme Court held that the limitation period would begin from the when the degree enforceable and capable of being executed.

The date of limitation period in this case was held 31.03.1994.

Court held that the execution application made was within the limitation period