Limitation period for filing money execution poceeding
Rucha Pawar
(Querist) 26 February 2013
This query is : Resolved
Sirs'
please guide me on the limitation period for filing Execution proceeding, after the date of Decree.our decree passed on 29/02/2000 and Execution Proceeding filed on 13.09.2000, but as no follow up has been done it was pending.so can i renew or what will be the solution now.
ajay sethi
(Expert) 26 February 2013
have you applied for and obtained certified copy of decree . you have to apply for execution within period of 2 years . if you have not applied for execution you have to obatin leave of the court
Arvind Singh Chauhan
(Expert) 26 February 2013
Respected Sir What about
Article 136.Of Limitation Act-
For the execution of any decree (other than a decree granting a mandatory injunction) or order of any civil court.-------------Twelve years---------------
1[When] the decree or order becomes
enforceable or where the decree or
any subsequent order directs any
payment of money or the delivery
of any property to be made at a
certain date or at recurring periods,
when default in making the
payment or delivery in respect of
which execution is sought, takes
place:
Provided that an application for
the enforcement or execution of a
decree granting a perpetual
injunction shall not be subject to any
period of limitation.
R.K Nanda
(Expert) 26 February 2013
now it is time barred.
prabhakar singh
(Expert) 26 February 2013
Your execution filed on 13.09.2000 for a decree passed on 29.02.2000 is well with in time and opinion expressed by Mr.Arvind is right.
