MAHJIBHAI MOHANBHAI BAROT versus PATEL MANIBHAI GOKALBHAI & ORS.

MAHJIBHAI MOHANBHAI BAROT versus PATEL MANIBHAI GOKALBHAI & ORS.

An application for restitution under s. 144 of the Code of Civil Procedure must be treated as an application for execution of a decree, governed by Article 182 of the Limitation Act; the limitation period for both execution of costs and restitution starts from the date of the amendment to the appellate decree affecting parties' rights; the applications in question, having been filed within three years from such amendment, are within limitation.

Parties
Appellant: Mahjibhai Mohanbhai Barot; Respondents: Patel Manibhai Gokalbhai and others
Jurisdiction
India
Judgment Date
11 December 1964
Procedural Posture
Civil Appeals Nos. 777 and 778 of 1964; Appeal by Special Leave From Gujarat High Court Judgment Dated March 5, 1964 / Supreme Court Judgment on Appeal
Outcome
Appeals dismissed with costs.
Legal Topics
Restitution, Limitation Period for Execution and Restitution Applications, Amendment of Decree, Execution of Decrees
Civil Procedure Restitution Limitation Period for Execution and Restitution Applications Amendment of Decree Execution of Decrees

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 5 Authorities cited 17 Party arguments 2
Sign in to unlock

Parties

Mahjibhai Mohanbhai Barot

Appellant

Patel Manibhai Gokalbhai and others

Respondents

Procedural Posture

Civil Appeals Nos. 777 and 778 of 1964; Appeal by Special Leave From Gujarat High Court Judgment Dated March 5, 1964 / Supreme Court Judgment on Appeal

Legal Issues

  1. 1 Whether an application under s. 144 of the Code of Civil Procedure is an application for execution of a decree and governed by Article 182 or by Article 181 of the Limitation Act, 1908; whether execution application for recovery of costs after amendment of decree is within limitation.

Ratio Decidendi

An application for restitution under s. 144 of the Code of Civil Procedure must be treated as an application for execution of a decree, governed by Article 182 of the Limitation Act; the limitation period for both execution of costs and restitution starts from the date of the amendment to the appellate decree affecting parties' rights; the applications in question, having been filed within three years from such amendment, are within limitation.

Court Disposition

Appeals dismissed with costs.

Orders

  • Both the application for execution of costs and restitution under s.144 CPC are within time and validly made.
  • Appeals are dismissed with costs.