ANTONYSAMI versus ARULANANDAM PILLAI (D) BY LRS. AND ANR.

ANTONYSAMI versus ARULANANDAM PILLAI (D) BY LRS. AND ANR.

The decree was enforceable immediately after the date specified in the decree (23.9.1966), and the period of limitation for filing the execution petition commenced from that date. Compliance by the judgment-debtor after the specified date does not extend the limitation period. Thus, the execution petition filed in 1980 was time barred.

Parties
Appellant: Antonysami; Respondents: Arulanandam Pillai (D) by LRs. and another
Jurisdiction
India
Judgment Date
30 October 2001
Procedural Posture
Civil Appeal / Appeal Against Madras High Court Dismissal of Revision Petition From Appellate Court Order
Outcome
Appeal dismissed as time barred.
Legal Topics
Execution of Decrees, Specific Performance, Limitation Period Determination
Civil Procedure Limitation Law Execution of Decrees Specific Performance Limitation Period Determination

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Parties

Antonysami

Appellant

Arulanandam Pillai (D) by LRs. and another

Respondents

Procedural Posture

Civil Appeal / Appeal Against Madras High Court Dismissal of Revision Petition From Appellate Court Order

Legal Issues

  1. 1 Whether the execution petition filed by the appellant was barred by limitation under Article 136 of the Limitation Act, 1963
  2. 2 When does the period of limitation for execution of decree begin in case of directions to be carried out by parties

Ratio Decidendi

The decree was enforceable immediately after the date specified in the decree (23.9.1966), and the period of limitation for filing the execution petition commenced from that date. Compliance by the judgment-debtor after the specified date does not extend the limitation period. Thus, the execution petition filed in 1980 was time barred.

Court Disposition

Appeal dismissed as time barred.

Orders

  • Appeal dismissed. No order as to costs.