Shankar Balwant Lokhande (Dead) By L.Rs vs Chandrakant Shankar Lokhande & Anr on 20 March, 1995
9. In Rameshwar Singh-Decree holder v. Homeswar Singh-
Judgment-debtor, AIR 1921 Privy Council 3 1, the facts, in
nutshell, were: There was a joint liability for the payment
of some amount under a grant. A decree in that behalf was
passed and the property was sought to be proceeded against
the, estate for execution. The contention was that since a
decree was made earlier which was executable but no appli-
cation was made within limitation, the decree became
unexecutable, being barred by limitation. That was accepted
by the High Court. On appeal, the Judicial Committee held
that "in order to make the provisions of the Limitation Act
apply, the decree sought to be enforced must have been in
such a form as to render it capable in the circumstances of
being enforced". The decree being limited in its scope, it
was held that limitation did not begin to run from the date
of decree as drawn. The contention of Smt.Jaishree Wad,
learned council for the respondent, is that the Privy
Council upheld the principle of making an application within
three years from the date when the right to apply accrues,
as provided in Article 181 of the old Limitation Act, the
ratio of the aforesaid case applies to the facts in this
case since the application had not been made within three
years or within 12 years and so, it was hopelessly barred by
limitation. She placed reliance on the judgment of this
Court in Yeshwant v. Walchand, AIR 1951 SC 17 also, and on
judgments in Maksudan Prasad v. Smt. Lakshmi Devi, AIR 1983
Patna 105, Pandivi Satyanandam v P. Nammayya AIR 1938 Madras
307, and Basamma v. Shivamma, AIR 1963 Mysore 323.