RATAN SINGH versus VIJAY SINGH AND ORS.

RATAN SINGH versus VIJAY SINGH AND ORS.

Execution proceedings initiated more than 12 years after the enforceable date of the appellate decree are barred; dismissal of a second appeal as time barred does not alter limitation period for execution.

Parties
Appellant: Ratan Singh; Respondent: Vijay Singh; Respondent: Vijay Singh and Ors.
Jurisdiction
India
Judgment Date
11 December 2000
Procedural Posture
Civil Appeal / Appeal Before Supreme Court
Outcome
Appeal dismissed
Legal Topics
Execution of Decree, Law of Limitation, Enforceability of Decrees
Civil Procedure Limitation Execution of Decree Law of Limitation Enforceability of Decrees

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Parties

Ratan Singh

Appellant

Vijay Singh

Respondent

Vijay Singh and Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal Before Supreme Court

Legal Issues

  1. 1 Whether the execution petition filed after lapse of 12 years from the appellate decree can be maintained based on dismissal of second appeal as time barred
  2. 2 Whether dismissal of an appeal as time barred constitutes a decree

Ratio Decidendi

Execution proceedings initiated more than 12 years after the enforceable date of the appellate decree are barred; dismissal of a second appeal as time barred does not alter limitation period for execution.

Court Disposition

Appeal dismissed

Orders

  • No interference is called for.
  • Appeal is accordingly dismissed.