Civil Procedure Code, 1908, Section 54, Order 20, Rule 18, Limitation Act, 1963, Article 136, 137 -- Application to send decree and papers to Collector to carry out partition - Not an application for execution - Since it is not an application for execution as such Articles 136 & 137 of Limitation Act are not applicable...........
Limitation Act, 1963, Section 14, Article 136, Civil Procedure Code, 1908, Order 21 -- Execution - Limitation - Execution filed within time - However same withdrawn because J.D. filed an application U.O.9.R.13 CPC and appellate Court remanded case for decision afresh - On dismissal for non prosecution execution filed again - Time thus consumed has to be excluded -..........
Limitation Act, 1963, Article 136, Civil Procedure Code, 1908, Order 21, Rule 11 -- Execution - Decree for possession - Limitation - 12 years - Period starts to run the moment judgment is delivered and not when decree is drawn...........
Civil Procedure Code, 1908, Section 136 -- Attachment of Property - Scope of powers of Court - Court trying a suit may have jurisdiction to order attachment of a property even out side of its jurisdiction - Court to send order of attachment to the District Court within whose local limits the property sought to be attached is situated - Sec. 136 clearly excludes execution..........
Civil Procedure Code, 1908, Order 21, Limitation Act, 1963, Article 136 -- Execution - Limitation - Starting point - Whether from date of decree or when decree becomes enforceable - Matter referred to a larger bench...........
Limitation Act, 1963, Article 136 -- Code of Civil Procedure, 1908, Order 20, Rule 7 & Order 21 - Execution of Decree - Period of Limitation - Starting Point - Whether starts running from the date of Decree or when the decree becomes enforceable - Matter referred to Larger Bench...........
Limitation Act, 1963, Article 136, Civil Procedure Code, 1908, Section 48(1) -- Execution of decree - Limitation - What would be the date from which a decree becomes enforceable for execution thereof within the meaning of Article 136 or the 1963 Act - Held that all decrees, be it original or the appellate, are enforceable - Once a decree is sought to be enforced for the..........
Civil Procedure Code, 1908, Order 21, Rule 90, Limitation Act, 1963, Article 127, 136 -- Execution proceeding - Setting aside of auction sale sought - Limitation - Sale was conducted on 20th Aug. 1982 after following procedure prescribed - Sale having taken place and objection having been filed by judgment debtor, sale being avoidable, Art.127 would apply and not Art. 136..........
Civil Procedure Code, 1908, Article 136, Order 21, Rule 32 -- Proviso - Injunction decree - Execution - It has a permanent and perpetual life - It can be put into execution at any time to prevent breach or to prevent apprehended breach...........
Civil Procedure Code, 1908, Section 136, Order 38, Rule 5 -- Attachment before judgment - Property situated in jurisdiction of another Court - Order sent directly to another Court without sending it to District Court within the local limits of whose jurisdiction such property situated as required under S.136 - Does not invalidate the attachment order...........
