Vinay Chhikara (Legal Expert) 04 July 2009

execution can having the limitation to file???????

a court has decreed a case then opposite party moves to appelat court in sessions court. that court also dismissed the appeal. after they move to the high court then the appelant got "dissmissed default" in the court about the 8 years back

can the execution is able to lie or not ????????????/

tell me if yesssssssss

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4 Replies

prof s c pratihar (medical practitioner &legal studies) 04 July 2009

limitation---the period of limitation of a decree(other than a decree granting mandatory injuction)is twelve years from the date of the decree.the period of limitation for for the eecution of a decree for mandatory injunction is three years from the date of the decree.

Amit Gupta (Advocate) 04 July 2009

yes of cource... Pro. Saab is right. and the limitaion starts frm the the day, the decree is executable, in case a stay of appeallate court is there thn the time period in which stay was oprating will be deducted from the limitaion.