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Interpretation of limitation period for filing execution case based on different dates mentioned in the case history. Analysis: The petitioner, a plaintiff-decree holder, challenged the dismissal of Execution Case No. 5/1998 as time-barred by the lower court. The dispute arose from the date from which the period of limitation of twelve years for filing the execution case should start. The petitioner argued that the limitation should be counted from the date of the dismissal of the Second Appeal, i.e., 16.9.1988, while the opposite parties contended it should be counted from the date of the lower appellate Court's decree, i.e., 21.12.1985. The petitioner relied on the doctrine of merger, citing a Supreme Court decision, and argued that the decree became enforceable only after the Second Appeal was dismissed. The petitioner also emphasized that technicalities should not impede substantial justice, especially since the decree was affirmed up to the High Court. Additionally, the petitioner pointed out that representations were made to the defendants-authorities for honoring the decree, which should affect the calculation of the limitation period. On the other hand, the opposite parties argued that the dismissal of the Second Appeal for non-compliance did not amount to a decree and should not be considered for counting the limitation period. They cited a Supreme Court decision to support their position. They also noted that there was no petition for condonation of delay in filing the execution case, and the previous Execution Case No. 1/1987 was dropped upon payment of costs. The High Court analyzed the legal provisions under Article 136 of the Limitation Act, which states that the period of limitation begins when the decree or order becomes enforceable. The court clarified that when a decree of lower courts is challenged in a Second Appeal, the decree of the lower courts merges with the judgment of the Second Appeal, making the decree enforceable from the date of the Second Appeal judgment. The court further emphasized that the dismissal of an appeal for any reason confirms the judgments and decree of the lower courts. Based on the above analysis, the High Court held that the period of limitation for filing the execution case should be counted from the date of the dismissal of the Second Appeal, i.e., 16.9.1988. The court concluded that the execution case filed on 24.9.1998 was within the twelve-year limitation period as prescribed by the Limitation Act. The High Court set aside the impugned order and directed the lower court to proceed with the execution case in accordance with the law. In conclusion, the High Court allowed the civil revision, emphasizing the correct interpretation of the limitation period for filing the execution case based on the specific dates and legal principles involved in the case.
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