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CASE NO.: Appeal (civil)  1100 of 2000

PETITIONER: Ram Bachan Rai & Ors.

RESPONDENT: Ram Udar Rai & Ors.

DATE OF JUDGMENT: 18/01/2006

BENCH: ARIJIT PASAYAT & TARUN CHATTERJEE

JUDGMENT: J U D G M E N T

ARIJIT PASAYAT, J.  

       The High Court of Patna dismissed the Civil Revision filed  by the appellant summarily. Challenge in the Civil Revision  was to the order passed by the learned Subordinate Judge,  VII, Patna, in execution proceedings. By the said order  Subordinate Judge held that the plea raised by the appellant  about the execution petition being barred by time in terms of  Article 136 of the Limitation Act, 1963 (in short the ’Limitation  Act’) was untenable.         Learned Subordinate Judge held that the period of  limitation starts running not from the date of decree, but when  the decree becomes enforceable i.e. when it is signed.   

       In support of the appeal strong reliance was placed on  several decisions of this Court i.e. W.B. Essential Commodities  Supply Corpn. v. Swadesh Agro Farming & Storage Pvt. Ltd.  and Anr. (1999 (8) SCC 315), Hameed Joharan (Dead) and  Ors. v. Abdul Salam (Dead) by Lrs. And Ors. (2001 (7) SCC  573).

       In Hameed Joharan’s case (supra) it was held after  referring to the meaning to the word ’enforce’ from various  dictionaries words ’when the decree or order becomes  enforceable’ should be read in literal sense and as per  intention of the legislators 12 years period is to be reckoned  from the date the decree became enforceable i.e. the date of  the decree or order.

       Per contra, learned counsel for the respondents  submitted that the correct position of law is expressed in  Shankar Balant Lokhande (Dead) by LRs. v. Chandrakant S.  Lokhande & Anr. (1995 (3) SCC 413) and in other two cases  the correct principles in law were not kept in view. We find  that there is some area of conflict amongst several two-judge  Bench decisions. It is also to be noticed that noticing the  conflict between these judgments, reference has been made to  a three-Judge Bench in Chiranji Lal (dead) by Lrs. Hari Das  (dead) by Lrs. (2005 (2) SCC 261).                                                                                   This case may also be placed before Hon’ble the Chief  Justice of India for appropriate orders to be placed alongwith   Chiranji Lal’s case (supra).