Barin Ghosh, J. - (1.) The present execution application is now restricted only against the judgment-debtor No. 1. The said application was filed on 5tb June, 1995 for execution of the decree which was passed on 8th March, 1982. The judgment-debtor No. 1 is contesting the application on two fold grounds viz., limitation and non-service of writ of summons. From the decree it appears that the same was drawn up on 8th August, 1983.
(2.) Article 136 of the Limitation Act, 1963 provides that a decree passed by any Civil Court can be executed within a period of 12 years from the date when the decree becomes enforceable. The word 'enforceable' is of significance pronouncement of the judgment in the open Court automatically does not become a decree. The decree has to be drawn up and engrossed in accordance with the judgment which is the ministerial function of the Court. After the decree is drawn up the same is required to be stamped. At least up to the stage of drawing up of the decree it is the ministerial function of the Court. Till such time the decree is not drawn up, the same cannot become enforceable except, however, as provided for in Order 21 Rule 11 of the Code when an oral application is made for execution of a decree for payment of money.
(3.) In Sankar Balbhant Lokhade v. Chandra Kanta Shankar Lakhade, a judgment of the Supreme Court, cited by Mr. Kar, appearing in support of the application reported in 1995(3) SCC 413 the Supreme Court was considering the scope of Section 2(2) of the Code of Civil Procedure to ascertain as to when a decree becomes final so that the limitation starts running. In Paragraph 12 of the judgment the Supreme Court observed "after final decree is passed and a direction is issued to pay stamp papers for engrossing final decree thereon and the same is duly engrossed on stamp papers, it becomes executable or becomes an instrument duly stamped. Thus, condition precedent is to draw up a final decree and then to engross it on the stamp papers of required value. These two acts together constitute final decree, crystallising the rights of the parties in terms of the preliminary decree. Till then there is no executable decree as envisaged in Order 20 Rule 18(2) attracting residuary Article 182 of the Old Limitation Act".;