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Civil · Reportable judgment

Purni Devi & Anr. vs Babu Ram & Anr.

Court
Supreme Court of India
Date
2 April 2024
Case No.
Civil Appeal No. 4633 of 2024
Result
Allowed
Bench
Sanjay Karol, Aravind Kumar
Citation
[2024] 4 S.C.R. 37 : 2024 INSC 259
Acts & Sections
Limitation Act, 1963 J&K Limitation Act CPC
Supreme Court Reports [2024] 4 S.C.R. 37 : 2024 INSC 259
Issue for consideration
A suit was decreed in favour of plaintiff. Application for execution was filed before the Tehsildar (settlement), Hiranagar on 18.12.2000. The application was rejected on 29.01.2005. The Tehsildar observed that plaintiff had not applied before the Court with appropriate jurisdiction. Whether the period (18.12.2000 to 29.01.2005) diligently pursuing execution petition before the Tehsildar, would be excluded for the purposes of computing the period of limitation or not.
Headnote

Limitation Act, 1963 – s. 14 – J&K Limitation Act – Art.182 – The High Court dismissed the execution application preferred by the plaintiff being barred by limitation – Sustainability: Held: In the present case, it is not in dispute that:- (i) Both the proceedings are civil in nature and have been prosecuted by the Plaintiff or the predecessor in interest; (ii) The failure of the execution proceedings was due to a defect of jurisdiction; (iii) Both the proceedings pertain to execution of the decree dated 10.12.1986, which attains finality on 09.11.2000; (iv) Both the proceedings are in a court – No substantial averment has come on record to substantiate the claim that the predecessor in interest of the Plaintiff approached the Tehsildar with any mala fide intention, in the absence of good faith or with the knowledge that it was not the Court having competent jurisdiction to execute the decree – On a perusal of the record, it is apparent that the Plaintiff has pursued the matter bonafidely and diligently and in good faith before what it believed to be the appropriate forum and, therefore, such time period is bound to be excluded when computing limitation before the Court having competent jurisdiction – All conditions stipulated for invocation of s.14 of the Limitation Act are fulfilled – Therefore, the period from 18.12.2000, when the execution application was filed to 29.01.2005, when the prior proceeding was dismissed, has to be excluded while computing period of limitation – The impugned order of the High Court dated 09.04.2018 and Munsiff Court, Hiranagar dated 28.11.2007 (dismissing application of plaintiff as being barred by limitation) are set aside – The execution application of the Plaintiff is restored to the file of the Munsiff Court, Hiranagar for fresh consideration. [Paras 32, 37, 38, 39, 40]

Keywords: Application for execution · Appropriate jurisdiction · Limitation · Computing the period of limitation · Pursued the matter bonafidely and diligently · Exclusion of time of proceeding bona fide in court without jurisdiction

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Sanjay Karol, J. Leave Granted. 2. The present appeal arises from the final judgment and order in Civil Revision No.33/2008 dated 09.04.2018 of the High Court of Jammu and Kashmir at Jammu, whereby the judgment and order of Munsiff, Hiranagar, in File No. 70/Execution dated 28.11.2007 came to be affirmed, wherein the execution application preferred by the Plaintiff herein was dismissed, being barred by limitation. Factual History 3. The genesis of the case at hand dates back to 01.06.1984, wherein the predecessors in interest of the Appellant (hereinafter “Plaintiff”) filed a suit
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