9911796707
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Issues:
1. Execution application filed after 12 years from the date of the decree - whether barred by time. 2. Revisional Court's authority to set aside executing court's order based on limitation. Analysis: 1. The respondent's suit for specific performance of a contract was decreed in 1973, with conditions for the judgment debtors to make payments by specific dates. Upon failure to comply, the decree-holder sought execution, leading to a series of applications and court orders. The executing court dismissed a 1994 application as barred by limitation. The High Court, however, allowed a revision petition, holding the application timely filed. The Supreme Court examined Article 136 of the Limitation Act, emphasizing the decree's enforceability from the date of execution. The Court highlighted the need for a liberal interpretation to enable decree-holders to benefit, especially in cases of prolonged litigation. Citing precedents, the Court stressed on upholding the decree-holder's rights and the rational approach to execution proceedings. 2. The Court reviewed the terms of the decree, noting the default by the judgment debtors in fulfilling payment obligations. The decree-holder was entitled to possession upon execution and registration of the sale deed, which occurred in 1984. The execution application for possession was filed in 1994, within the 12-year limitation period under Article 136. The Court affirmed that the decree's language mandated possession only after the sale deed's execution. Successive applications within the limitation period were deemed valid, with no grounds to dismiss the execution application as time-barred. The judgment-debtors' failure to fulfill payment terms precluded any alternate interpretation of the decree. Consequently, the High Court's decision was upheld, dismissing the appeal without costs.
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