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1 - 9 of 9 (0.18 seconds)The Code of Civil Procedure, 1908
Article 136 in Constitution of India [Constitution]
Section 115 in The Code of Civil Procedure, 1908 [Entire Act]
Section 5 in The Limitation Act, 1963 [Entire Act]
West Bengal Essential Commodities ... vs Swadesh Agro Farming And Storage Pvt. ... on 14 September, 1999
"The position is well settled that ordinarily a decree becomes enforceable immediately
after the judgment is pronounced. However, there may be situations when a decree may not
be enforceable on the date it is passed. Usually this situation arises where in the decree itself
the right of the decree-holder depends on happening of certain event or on fulfillment of
certain other conditions by the parties in the case or by an external agency, under any
provision of law. This position has been clarified in the case of W.B. Essential Commodities
Supply Corpn. Vs. Swadesh Agro Farming & Storage Pvt. Ltd. and Another (1999) 8 SCC.
Therein this Court repelling the impression that a decree becomes enforceable only when it is
drawn up and signed, observed:
The Code of Criminal Procedure, 1973
Sri Chandra Mouli Deva vs Kumar Binoya Nand Singh And Ors. on 12 December, 1975
In this view of the matter, the High Courts
of Patna and Calcutta in Chandra Mouli Deva v. Kumar Binoya Nand Singh (AIR 1976 Pat 208)
and Sunderlal & Sons v. Yagendra Nath Singh (AIR 1976 Cal 471) have correctly laid down
the law; the opinion to the contra expressed by the High Court of Calcutta in Ram Krishna
Tarafdar v. nemai Krishna Tarafdar (AIR 1974 Cal 173) is wrong. Section 5 of the Limitation
Act has no application; Section 12(2) of the Limitation Act is also inapplicable to an execution
petition. If the time is reckoned not from the date of the decree but from the date when it is
prepared, it would amount to doing violence to the provisions of the Limitation Act as well as
of Order 20 and Order 21 Rule 11 CPC which is clearly impermissible."
Sunderlal And Sons vs Yagendra Nath Singh And Anr. on 4 February, 1976
In this view of the matter, the High Courts
of Patna and Calcutta in Chandra Mouli Deva v. Kumar Binoya Nand Singh (AIR 1976 Pat 208)
and Sunderlal & Sons v. Yagendra Nath Singh (AIR 1976 Cal 471) have correctly laid down
the law; the opinion to the contra expressed by the High Court of Calcutta in Ram Krishna
Tarafdar v. nemai Krishna Tarafdar (AIR 1974 Cal 173) is wrong. Section 5 of the Limitation
Act has no application; Section 12(2) of the Limitation Act is also inapplicable to an execution
petition. If the time is reckoned not from the date of the decree but from the date when it is
prepared, it would amount to doing violence to the provisions of the Limitation Act as well as
of Order 20 and Order 21 Rule 11 CPC which is clearly impermissible."
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