- (1.) The petitioner has filed an application for execution of a decree dated December 4, 2001 as amended on December 13, 2001. In the said proceeding this application has been filed for dismissal of the execution application, inter alia, on the grounds:- i) The decree is incapable of being executed by this Hon'ble Court as none of the properties of the judgment debtor are within the jurisdiction of this Hon'ble Court and, hence, under Section 39(4) of the Code of Civil Procedure, 1908 the said application ought to be dismissed and/or be transferred to the appropriate Court. ii) The decree is barred by limitation as it has been filed 12 years after passing of the decree. The execution application has been filed on December 11, 2013.
(2.) The fate of the application depends upon a finding being arrived at in favour of the applicant/decree-holder that the period between the date of decree and correction of the decree are to be excluded in computing the period of limitation as the decree becomes enforceable and executable only after the decree was corrected and not prior thereto. In other words, the Court would be required to decide if the time interval between the original decree and the corrected decree is to be excluded and the decree-holder would be entitled to compute the period of limitation from the date of correction of the order and not from the date when the original order was passed. The question requires to be gone into is when would the period of limitation start for execution of a decree. Is it the date of pronouncement of judgment/date of decree or when the decree is corrected and drawn up and/or signed?
(3.) In an application filed under Chapter XIIIA of the Original Side Rules, a decree was passed on 4th December, 2001. Since the said decree contains some errors and omissions on mentioning the said decree was corrected on 13th December, 2001. Thereafter, the decreeholder had put in requisition for drawing up and completion of the decree and to obtain a certified copy thereof. However, no further steps were taken by the plaintiff to obtain a certified copy of the decree. On 3rd May, 2013, a decree dated 4th December, 2001 was placed for signature. On 3rd May, 2013 the said decree was signed. The order dated 3rd May, 2013 records that the learned Counsel for the plaintiff on instruction submitted that the plaintiff would forego interest granted by the decreeholder from 1st January, 2006 till date.;