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vigneshwaran s   16 February 2021

execution application

is there any time limitation to file an execution application under section 27 of consumer protection act..


Learning

 2 Replies

sneha jaiswal   01 June 2021

Hello, Greetings of the day!
For the query you posted, I would suggest that: 
Under Article 136 of the Limitation Act, 1963, the period of limitation prescribed for filing execution of any decree or order of any Civil Court is twelve years. After, reading the said regulation 14(1) (iv) shows that it will not apply to execution proceedings. Consumer Protection Act, 1986 does not provide any limitation period for filing execution applications.
Important case law: Prem Chandra Varshney vs Murarilal Sharma And Ors. IV (2007) CPJ 229 NC
Hope it helps
Regards,
Sneha Jaiswal
Law Student
 

Nirali Nayak   01 June 2021

Hello sir, greetings of the day.
As per your query, no there is no time limitation for filing of the execution under section 27 of the consumer protection act. There have been numerous judgments like Maitreya V. Doshi and Anr vs. Inder Rajwardhwa and Anr where the court has held that, the execution filed by the decree holder is not barred by time limitation.  There is limitation for filing a complaint, there is also time limitation for filing an appeal but there is no time limitation provided under this act for the filing of execution. Thus legislation did not provide any time limitation for an execution filing. 
Hope this answers your question.
Regards
Nirali Nayak
Law Student


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