Validity of the judgment of the hogh court
Adv M.D.Azhar
(Querist) 11 March 2012
This query is : Resolved
Implementation of the decree of the high court as per the provision of the limitation Act.
The Gujarat high court awarded the judgment in the favor of one A in 1976 against B to register his name in mutation entry but he didn't. But now he wake up and given an application to Mamlatdar to register his name so is he barred by the Limitation Act.
And malmatdar is ready to register his name and he further said that what will be the issue against the judgment of the high court? so what defense could be taken against the Said mamlaltdar and the applicant.
We appear in the said case from the respondent.
Adv.R.P.Chugh
(Expert) 11 March 2012
You've not made yourself sufficiently clear. Though I'd try answering.
The limitation for execution of a decree (other than mandatory injunction) is 12 years, which seems to have long passed.
Raj Kumar Makkad
(Expert) 11 March 2012
You have every defence in your favour. The decree of high court has not seen the sun till about 40 years so it is hopelessly bared by limitation. You make it a solid ground and Mamlatdar has not right to move ahead in favour of the applicant.
H.M.Patnaik
(Expert) 12 March 2012
Mr. Makkad gets it right. Now its for the respondent's tobuild up the case in his favour.
H.M.Patnaik
(Expert) 12 March 2012
Mr. Makkad gets it right. Now its for the respondent's tobuild up the case in his favour.
Adv M.D.Azhar
(Querist) 13 March 2012
is there any appropriate authority to make it clear to mamlatdar ? if yes so lease send me citation please sir and thank u of all experts for reply.
A. A. JOSE
(Expert) 13 March 2012
When the law itself is clear, why do you want a further authority for the same.
M V Gupta
(Expert) 15 March 2012
The Limitation Act provision itself is a strong ground to object to the mutation now applied for. No authority is necessary.
