Ram Avtar Singh vs Attar Sai and Others

Ashok Bhan, J.—This is defendant/judgment-debtor''s revision against the order of the executing court dated 18th July, 1988.

Facts giving rise to the present petition are as under.

A suit was filed by the plaintiff/respondent (decree-bolder) for a permanent injunction restraining the defendant from putting a machine or engine on the well and in the alternative possession of the well and removal of construction by the defendant on Khasra No. 287. The suit was decreed in toto on 24th January, 1972, against which an appeal was preferred on but dismissed by the appellate court on 30th November, 1973. The present application for execution was filed in the year 1984 against which the judgment debtor filed objections which have been over-ruled by the executing court, thereby giving rise to the present revision petition

Learned counsel appearing for the petitioner has urged that the execution application was filed beyond limitation, as the limitation under Article 135 of the limitation Act, 1963 (hereinafter called the Act) is three years in case of the mandatory injunction, Learned counsel appearing for the respondent/decree holder, on the other hand, has urged that She suit was for perpetual injunction and the case would be governed under Article 136 of the Act. Proviso So Article 136 says that an application for enforcement or execution of a decree granted perpetual injunction shall not be subject to any period of limitation. The period of limitation prescribed under Article 136 is twelve years. I find force in the contention raised by learned counsel for the respondent/decree-holder. The decree that has been passed is for (sic). injunction and there is no limitation for getting such a decree executed. Thus, the finding of the executing court to that extent is affirmed.

Apart from this, the application for execution was filled in the year 1984. The limitation under Article 136 is twelve years. The trial court was under the belief that the decree dated 24th January, 1972, is executed whereas the said decree merged into the decree of the appellate court dated 30th November, 1973, If the limitation is counted from 30th November, 1973 the present application is within twelve years irrespective of the operation of proviso to Article 135.

No other point has been urged

The revision petition is dismissed with no order as to costs.