DR. CHIRANJI LAL (D) BY LRS. versus HARI DAS (D) BY LRS.

DR. CHIRANJI LAL (D) BY LRS. versus HARI DAS (D) BY LRS.

The period of limitation for execution of a partition decree commences from the date of the decree, not from the date of its engrossment on stamp paper. Engrossment of the decree on stamp paper only validates the instrument retrospectively but does not postpone its enforceability or the commencement of limitation under Article 136 of the Limitation Act. No party can claim benefit by delaying the supply of stamp papers.

Parties
Appellant: Dr. Chiranji Lal (D) by LRs.; Respondent: Hari Das (D) by LRs.
Jurisdiction
India
Judgment Date
13 May 2005
Procedural Posture
Civil Appeal / Supreme Court Appeal From Delhi High Court Judgment Dated 23.11.2000 in Execution First Appeal (o.s.) No. 1 of 2000
Outcome
Appeal allowed. Judgment of the High Court set aside.
Legal Topics
Execution of Decree, Limitation Period, Partition Suit, Stamp Duty Requirement on Decree
Civil Procedure Limitation Execution of Decree Limitation Period Partition Suit Stamp Duty Requirement on Decree

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Dr. Chiranji Lal (D) by LRs.

Appellant

Hari Das (D) by LRs.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Delhi High Court Judgment Dated 23.11.2000 in Execution First Appeal (o.s.) No. 1 of 2000

Legal Issues

  1. 1 When does the period of limitation for execution of a decree in a partition suit commence - from the date of the decree or the date of engrossment on stamp paper?

Ratio Decidendi

The period of limitation for execution of a partition decree commences from the date of the decree, not from the date of its engrossment on stamp paper. Engrossment of the decree on stamp paper only validates the instrument retrospectively but does not postpone its enforceability or the commencement of limitation under Article 136 of the Limitation Act. No party can claim benefit by delaying the supply of stamp papers.

Court Disposition

Appeal allowed. Judgment of the High Court set aside.

Orders

  • The impugned judgment of the Delhi High Court is set aside.
  • The execution application filed on 21st March, 1994 is barred by limitation under Article 136 of the Limitation Act.