Calculation of limitation period

Originally posted by : Env Coord

"When does a decree/order passed by a Civil Court becomes enforceable? From the date of decree or when the time-limit for appeal expires (in case no appeal has been preferred)?

From which 'date' does the outer limit of time start in context of Article 136 of Limitation Act?

Some Fact related to the case:
Date of Decree - 19th August 2012
Period of National Lockdown & extension of limitation period: 15th March 2020 to 4th March 2022.

What will be the outer time-limit for executing the decree passed on 19.08.2012 as per Limitation Act?"

Article 136.- Article 136 reads as under.-

"136.For the execution of any decree (other than a decree granting a mandatory injunction) or order of any civil court.

Twelve years.

Where 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 of at recurring periods, when default in making the payment or deliver yin 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."

Accordingly limitation shall be counted from the date of decree i.e., 19.08.2012, which would expire on 18.08.2024.

However, it has no concern with national lock down qua limitation for execution of decree.

The State doesn't set the execution date. It is set by a Judge, typically the Judge who presided over your trial if he's still around. Otherwise, any sitting Judge at the level of court where you were convicted.

This applies for only cases and execution which limitation expires on lock down periods cases only not for other cases ,for your case it expires  as per law.even today your case is in time to file execution.no life line.