Decree in Civil
Kumar Krishan Agarwal Advocate
(Querist) 04 November 2009
This query is : Resolved
Suppose the plaintiff won the suit and the defendants stop litigation & and not approach to any court for appeal and revision or Writ.
1. Then what the validity of the final order is ?
When A Decree will be prepared so that all expenses and rights will be put into it. What is the time period so that under that time the plaintiff would approach for getting decree to be made ?
2. What is the validity of the Decree ? whole-life or just only few years.
3. What is maximum time period for the execution of the decree by the court ? i.e after that time you cannot execute decree.
4. What the other things keep in mind with regard of Decree procedure?
adv. rajeev ( rajoo )
(Expert) 04 November 2009
The validity of the decree is forever.To file an exeuction petition to execute the decree is 12 years from the date of decree.
adv. rajeev ( rajoo )
(Expert) 04 November 2009
after passing the judgement decree will be drafted within 7 days from the date of decree.
To execute the decree, you have to wait till the appeal period is over.
Raj Kumar Makkad
(Expert) 04 November 2009
decree-sheet is prepared simultaneously with the judgment and if no appeal has been preferred by the defendant within the permitted limit of appeal then the decree becomes final and it can be executed after a month of judgment. Maximum period for exection is 12 years.
Shivasurya
(Expert) 04 November 2009
I agreed with the learned experts
kranthi kiran
(Expert) 04 November 2009
Decree will be valid for ever unless and until it is chllenged in an appeal and reversed by the appelate Court.
For enforcement of any of the rights granted under the decree, the execution petition must be filed before the expiry of limitation period i.e., well before 12 years from the date of decree.
Suhail suhail
(Expert) 04 November 2009
WEll my Friend Raj has placed it rightly,Decree is just an operative part of judgment and when judgment is passed the decree sheet is accordingly drawn,as it is the decree that finally decides the rights,of parties,and if the judgment does not mention about cots or expenses the same cannot be mentioned in decree,if you find that some of the things like costs, expenditure,or else has though been prayed and made an issue and accordingly pleaded then the same can made to get modified.However,there is no time limit for execution of decree,as once decree is passed the judgment debtors are bound to get it complied with and it is not necessary to file an execution petition,if the judgment debtors satisfy the decree out side the court,the decree is exhausted,however i think My learned Friend Raj gave a period of one month perhaps that should be let to be availed by J.D.'s by issuance of notice to realize the decree.Regarding validity of decree,it is true if decree is not challenged it is valid until annulled,but the limitation period applies strictly upon execution of decree,and if the decree is not executed with its life period it turns dead,grubby and cannot be enforced.Limitation law comes in the way of a decree if assumed finality. The period of 12 years for execution of a decree is only for the decree regarding the immovable property;and this period does not applies to money decrees,or other decrees,Limitation Act has mentioned in schedule as to time period of its enforcement as per its nature.
Arul Kumar
(Expert) 04 November 2009
Mr. Bilal Autshi has given a well researched answer.
Sachin Bhatia
(Expert) 04 November 2009
Petition to execute the decree can be filed in 12 years from the date of decree. The validity of the decree is forever. You have to wait till the appeal period is over to execute the decree.
RASIK DAGLI
(Expert) 04 November 2009
A decree of Civil Court is final and binding unless reversed or set aside by a higher court. Decree can be executed within a period of twelve years and thereafter, if not executed, it is timebarred.
RASIK DAGLI
Advocate.
Vinod Singh Tomar
(Expert) 05 November 2009
Mr. Makkad has narrated and guided as per the legal and prevailing procedures and law. I agree with him.
Arvind Singh Chauhan
(Expert) 07 November 2009
Limitation period for execution of decree is 12 years but if there is a genuine reason dealy may be condone under section 5 of limitaion act
SOMADUTTA PUROHIT
(Expert) 15 May 2014
AWARD IS TREATED AS DECREE, WHEN IT IS ENFORCED THROUGH EXECUTION PROCEEDING (SEC. 36 OF ARBITRATION & CONCILIATION ACT), Then in such circumstances is there any specific limitation for execution OR same procedure shall be adopted by the court of law.
GIVE YOUR COMMENTS.
Raj Kumar Makkad
(Expert) 15 May 2014
Mr. Purohit! What has led you to comment against such old query?
If you want to contribute, reply the latest queries.
SOMADUTTA PUROHIT
(Expert) 16 May 2014
Mr.Makkad
You r not wrong but there is differrent excitement if old wine is shared.
INGLE G.[ADVOCATE]9421657505
(Expert) 04 November 2009
