- (1.) The petitioning decree-holder has questioned the propriety of an order of July 9, 2014 passed on a petition under section 115A of the Code arising out of an order dated June 15, 2011 passed in execution proceedings. The short issue before the Executing Court and the Revisional Court was whether the execution proceedings launched on August 16, 2002 could be maintained in respect of a decree passed on July 18, 1990 after the expiry of a period of twelve years from the date of the decree.
(2.) It appears that the Revisional Court fell into error by relying on Article 136 of the Schedule to the Limitation Act, 1963 without appreciating the circumstances in which certain decrees may be executable even if execution proceedings are launched more than twelve years after the date of the passing of the decree.
(3.) The entry in the third column in the Schedule pertaining to Article 136 provides as follows: "When the decree or order becomes enforceable or where the decree or any subsequent order directs any payment of money or the delivery of any property to be made at a certain date or at recurring periods, when default in making the payment or delivery in respect of which execution is sought, takes place: Provided that an application for enforcement or execution of a decree granting a perpetual injunction shall not be subject to any period of limitation.";