PREM LATA AGARWAL versus LAKSHMAN PRASAD GUPTA & ORS.

PREM LATA AGARWAL versus LAKSHMAN PRASAD GUPTA & ORS.

Since execution proceedings were stayed from June 1941 till end of 1949, the respondent is entitled to exclude this period under section 15 of the Limitation Act. The subsequent execution application of 1956 is within time considering the disposal of earlier proceedings in 1955, and the principle of res judicata barred the appellant from raising limitation objections not taken earlier.

Parties
Appellant: Prem Lata Agarwal; Respondent No. 1: Lakshman Prasad Gupta; Respondent No. 2: Pratnp Chand; Respondent No. 3: Basudeb Prasad
Jurisdiction
India
Judgment Date
23 April 1970
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated March 21, 1966 of the Madras High Court in O.s. Appeal No. 11 of 1962
Outcome
Appeal dismissed
Legal Topics
Execution of Decrees, Limitation Period, Partition Suits, Res Judicata
Civil Procedure Limitation Law Family Law Execution of Decrees Limitation Period Partition Suits Res Judicata

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Parties

Prem Lata Agarwal

Appellant

Lakshman Prasad Gupta

Respondent No. 1

Pratnp Chand

Respondent No. 2

Basudeb Prasad

Respondent No. 3

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated March 21, 1966 of the Madras High Court in O.s. Appeal No. 11 of 1962

Legal Issues

  1. 1 Whether the execution application dated 13 August, 1956 was within limitation
  2. 2 Whether exclusion of time under section 15 Limitation Act applies to section 48 CPC
  3. 3 Effect of res judicata on challenge to execution proceedings

Ratio Decidendi

Since execution proceedings were stayed from June 1941 till end of 1949, the respondent is entitled to exclude this period under section 15 of the Limitation Act. The subsequent execution application of 1956 is within time considering the disposal of earlier proceedings in 1955, and the principle of res judicata barred the appellant from raising limitation objections not taken earlier.

Court Disposition

Appeal dismissed

Orders

  • The appellant will pay the costs to the respondents.