Supreme Court · 2008 INSC 407 · Decided 26 March 2008
Kanagavalliammal and Ors v. R. Balasubramanian
- Court
- Supreme Court of India
- Citation
- 2008 INSC 407 · [2008] 5 S.C.R. 511
- Case number
- CIVIL APPEAL No. 2106/2008
- Decided
- 26 March 2008
- Bench
- ARIJIT PASAYAT, P. SATHASIVAM (2-judge bench)
- Outcome
- Case Allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 115; Limitation Act
Headnote
Execution - Limitation - Execution Petition (EP) filed beyond prescribed period of /imitation - Maintainability of - Held: Not maintainable - Contention that it was continuation c of earlier EPs not tenable, as one EP filed earlier was dismissed for default and another was dismissed as not pressed for recalling or restoration of any EP was pending on the date of commencement of the Act- Pondicherry Limitation (Repeal of Local Laws) Act, 1994 D - s.4(b)(i). "' _,. On 22.4.1983, a decree was passed. In 1984, Execution Petition was filed which was dismissed as not pressed. In
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