Case Note & Summary
The case involves a Civil Revision Petition filed by the decree holders (petitioners) against an order dated 18.03.2011 passed by the II Additional City Civil Judge, Bangalore, dismissing their execution petition in Execution No.1797/2005 as barred by limitation. The petitioners sought to recover a balance amount of Rs.1,05,782/- under an award dated 31.07.1985 passed in L.A.C.No.648/1983 by the Reference Court. The respondents (Bangalore Development Authority) had filed an appeal (M.F.A.No.377/1986) against the award, which was dismissed by the High Court on 21.06.1991. The execution petition was filed on 29.07.2005. The Executing Court dismissed it on the ground that it was filed after 12 years from the date of the award (31.07.1985), thus beyond the limitation period under Article 136 of the Limitation Act, 1963. The petitioners challenged this order. The High Court examined the question of limitation and held that the limitation period of 12 years for execution of a decree under Article 136 runs from the date of the decree, not from the date of the award. Since the appeal against the award was dismissed on 21.06.1991, the decree became executable from that date. The execution petition filed on 29.07.2005 was within 12 years from 21.06.1991 and thus within limitation. The court allowed the revision petition, set aside the impugned order, and directed the Executing Court to proceed with the execution petition in accordance with law.
Headnote
A) Limitation Act, 1963 - Article 136 - Execution of Decree - Limitation period of 12 years for execution of a decree runs from the date of the decree, not from the date of the award - The court held that the execution petition filed within 12 years from the date of the decree (21.06.1991) was within limitation, and the Executing Court erred in dismissing it as barred by limitation (Paras 1-6).
Issue of Consideration
Whether the execution petition filed on 29.07.2005 to execute the award dated 31.07.1985 was within the period of limitation?
Final Decision
The Civil Revision Petition is allowed. The impugned order dated 18.03.2011 passed by the II Addl. City Civil Judge, Bangalore in Execution No.1797/2005 is set aside. The Executing Court is directed to proceed with the execution petition in accordance with law.
Law Points
- Limitation for execution of decree runs from date of decree
- not award
- Article 136 Limitation Act
- 1963
- Section 115 CPC
Case Details
2013 LawText (KAR) (06) 15
Sri. P Krishnappa (for petitioners), Sri. K M Prakash (for respondents)
Krishna Reddy (since deceased by his LRs: K Muni Reddy, K Lokesh, K Jagadish, Sampath Kumar)
The Special Additional LAO, Bangalore Development Authority; The Commissioner, Bangalore Development Authority
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Nature of Litigation
Civil Revision Petition against dismissal of execution petition as barred by limitation
Remedy Sought
Petitioners sought to set aside the order dismissing execution petition and to allow execution of award
Filing Reason
Execution petition was dismissed by Executing Court as barred by limitation under Article 136 of Limitation Act
Previous Decisions
Executing Court dismissed Execution No.1797/2005 on 18.03.2011 holding it barred by limitation
Issues
Whether the execution petition filed on 29.07.2005 to execute the award dated 31.07.1985 was within the period of limitation?
Submissions/Arguments
Petitioners argued that limitation runs from date of decree (21.06.1991) not from date of award (31.07.1985), and execution petition was within 12 years.
Ratio Decidendi
The limitation period of 12 years for execution of a decree under Article 136 of the Limitation Act, 1963 runs from the date of the decree, not from the date of the award. Since the appeal against the award was dismissed on 21.06.1991, the decree became executable from that date, and the execution petition filed on 29.07.2005 was within limitation.
Judgment Excerpts
The question that requires to be determined in this Revision Petition is as to whether the Execution petition filed on 29th July 2005 to execute the award dtd.31.07.1985 passed by the Reference Court in L.A.C.No. 648 of 1983 was filed within the period of limitation?
The execution petition, which was filed in the year 2005, was dismissed by the Executing Court on the ground it was filed after 12 years from the date of the award and hence was beyond the period of limitation (12 years) provided under Article 136 of the Limitation Act, 1963.
Procedural History
Award dated 31.07.1985 in L.A.C.No.648/1983. Appeal M.F.A.No.377/1986 dismissed on 21.06.1991. Execution petition filed on 29.07.2005. Executing Court dismissed it on 18.03.2011 as barred by limitation. Petitioners filed CRP No.128/2011.
Acts & Sections
- Code of Civil Procedure, 1908 (CPC): Section 115
- Limitation Act, 1963: Article 136
