AIR 2001 SUPREME COURT 279 ::2000 AIR SCW 4385 ::2001 SCFBRC 92 ::(2001) 2 MahLR 216 ::(2001) WLC(SC)CVL 38 ::(2001) 1 All RentCas 262 ::2001 (1) SCC 469 ::(2001) 1 RecCivR 495 ::(2000) 8 Scale 214 ::2001 (1) All CJ 752 ::(2001) 1 AllMR 789 (SC) ::2001 (1) All MR 789 ::(2001) 1 All WC 403 ::2000 (4) CurCC 244 ::(2001) 42 All LR 447 ::2001 (1) ICC 724 ::2001 (1) MadLJ189 ::2001 (1) Ker LT 327 ::2001 (1) JabLJ 283 ::2001 (3) RajLW 376 ::2001 (1) Pun LR 296 ::2001 (1) UC 297 ::2001 (3) LRI 1233 ::(2000) 8 Supreme 151 ::2000 (3) JT (Supp) 499 ::(2001) 1 CurLJ(CCR) 316 ::2001 (1) SRJ 215

Supreme Court Of India

(From : Madhya Pradesh)*

Hon'ble Judge(s): K. T. Thomas, R. P. Sethi , JJ

(A) Limitation Act (36 of 1963) , Art.136— Execution of decree - Period starts running from date when it 'becomes enforceable' - Decree can become 'enforceable' from future date or happening of certain specified events - Filing of appeal does not affect enforceability of decree, unless stay is obtained. Article 136 of the Schedule to the Limitation Act, 1963 provides 12 years for execution of any decree or order of any Civil Court (other than a decree granting a mandatory injunction). The third column in the Article which indicates the time from which period begins to run, states that "when the decree or order becomes enforceable. . ." Normally a decree or order becomes enforceable from its date. But cases are not unknown when the decree becomes enforceable on some future date or on the happening of certain specified events. The expression "enforceable" has been used to cover such decrees or orders also which become enforceable subsequently. Filing of an appeal would not affect the enforceability of the decree, unless the appellate Court stays its operation. But if the appeal results in a decree that would supersede the decree passed by the lower Court and it is the appellate Court decree which becomes enforceable. When the appellate order does not amount to a decree there would be no supersession and hence the lower Court decree continues to be enforceable.....