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Judgment
The petitioner-decree holder is aggrieved of order dated 02.02.2011 passed in Execution Case No. 03 of 2010 by which the execution case has been dismissed as barred by limitation.
Title Suit No. 145 of 1992 was instituted by the petitioner for specific performance of agreement to sale dated 21.08.1987. The suit was decreed vide judgment dated 28.09.1994 and a decree was drawn and signed on 07.10.1994. For executing the judgment and decree in Title Suit No. 145 of 1992 the petitioner levied Execution Case No. 03 of 2010 on 20.11.2010. Admittedly, the execution case was filed beyond the period of 12 years as provided under Article 136 of the Limitation Act.
Plea taken by the petitioner is that he was abducted by the terrorist who kept him under their custody for 6-7 years.
The period of limitation provided under schedule to the Limitation Act, 1963 cannot be extended by the Court or by consent of the parties. There are certain periods provided under the Limitation Act which may be excluded when period of limitation is counted. Plea taken by the petitioner that he was abducted by the terrorist is not a situation contemplated under the Limitation Act for excluding this period while counting the period of 12 years.
Such a ground is not mentioned either under Section 15 or Section 17 of the Limitation Act. Moreover, the plea taken by the petitioner is not supported by any evidence.
In the above facts, finding no infirmity in the impugned order dated 02.02.2011, the writ petition is dismissed.