PURNI DEVI & ANR. versus BABU RAM & ANR.

PURNI DEVI & ANR. versus BABU RAM & ANR.

The Supreme Court held that all conditions for invocation of Section 14 of the Limitation Act were satisfied: the plaintiff and predecessor prosecuted prior and subsequent civil proceedings, the prior execution application before the Tehsildar was pursued with due diligence and in good faith, its failure was due to defect of jurisdiction, and both proceedings related to execution of the same decree; therefore the period from 18.12.2000 to 29.01.2005 is excluded in computing limitation and the execution application is within time under Article 182, leading to allowance of the appeal and restoration of the execution application for fresh consideration.

Parties
Appellant / Plaintiff: Purni Devi & Anr.; Respondent / Defendant: Babu Ram & Anr.
Jurisdiction
India
Judgment Date
02 April 2024
Procedural Posture
Civil Appeal / Final Hearing and Judgment by the Supreme Court on Appeal From High Court Judgment
Outcome
Appeal allowed.
Legal Topics
Section 14 Limitation Act (exclusion of Time), Article 182 J&k Limitation Act Vs Section 48 CPC, Execution of Decree, Jurisdiction of Tehsildar, Due Diligence and Good Faith
Limitation Civil Procedure Land Revenue Section 14 Limitation Act (exclusion of Time) Article 182 J&k Limitation Act Vs Section 48 CPC Execution of Decree Jurisdiction of Tehsildar Due Diligence and Good Faith

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Parties

Purni Devi & Anr.

Appellant / Plaintiff

Babu Ram & Anr.

Respondent / Defendant

Procedural Posture

Civil Appeal / Final Hearing and Judgment by the Supreme Court on Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the period from 18.12.2000 to 29.01.2005 spent pursuing execution before the Tehsildar is to be excluded under Section 14 of the Limitation Act for computing limitation
  2. 2 Whether Article 182 of the J&K Limitation Act (3 years) or Section 48 CPC (12 years) governs the execution application
  3. 3 Whether the plaintiff pursued the prior proceedings with due diligence and in good faith and whether the prior proceedings failed for want of jurisdiction

Ratio Decidendi

The Supreme Court held that all conditions for invocation of Section 14 of the Limitation Act were satisfied: the plaintiff and predecessor prosecuted prior and subsequent civil proceedings, the prior execution application before the Tehsildar was pursued with due diligence and in good faith, its failure was due to defect of jurisdiction, and both proceedings related to execution of the same decree; therefore the period from 18.12.2000 to 29.01.2005 is excluded in computing limitation and the execution application is within time under Article 182, leading to allowance of the appeal and restoration of the execution application for fresh consideration.

Court Disposition

Appeal allowed.

Orders

  • Impugned order of the High Court dated 09.04.2018 set aside
  • Order of Munsiff Court, Hiranagar dated 28.11.2007 set aside