Supreme Court · 2006 INSC 294 · Decided 5 May 2006

Ram Bachan Rai and ORS. v. Ram Udai Rai and ORS.

Court
Supreme Court of India
Citation
2006 INSC 294 · [2006] SUPP. 1 S.C.R. 896
Case number
CIVIL APPEAL No. 1100/2000
Decided
5 May 2006
Bench
ARIJIT PASAYAT, TARUN CHATTERJEE (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 47; Limitation Act Section 136

Headnote

Code of Civil Procedure, 1908: O.JX Rule 13, O.XY R. 7. O.X¥1 R .. 22 and Rule 58; Ss. 47, I I 5/Limitation Act, Article 136: c Suit for declaration of title and recovery of possession-Decreed ex- parte by trial Court-Filing of an application under 0. IX R .. 13 CPC by judgment debtors for dismissed by High Court--Fi/ing of an application.for execution of decree-Dismissed by the Executing Court holding D that the period cf limitation had to be counted from the date of dismissal of the Revision by the High Court--On appeal Held: the application for execution was clearly time-barred

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