First execution application

Objection raised, at the Executing Court, by the Appellant (judgment-debtor) was that the execution petitions were not filed within prescribed time from the date of original decree

Held, that after promulgation of Law Reforms Ordinance, 1972, first application for execution of a decree was to be governed by residuary Art. 181 of the Limitation Act, 1908, and the application, made thereafter, would be governed by six years period of limitation as provided by section 48 of the Civil Procedure Code, 1908

Record revealed the Appellant had previously assailed the judgment of the High Court through separate civil petitions, which were contested by the decree-holders and the same were dismissed by the Supreme Court not on merits but being barred by time; whereafter, execution petitions were filed

Right to file the execution petitions accrued to the respondents (decree-holders) after dismissal of appeals by the Supreme Court

Though Supreme Court did not dismiss said appeals on merits, but on limitation, because the same were contested by the respondents(decree-holders), therefore, the period of limitation, in the case, would commence from the date of judgment/order of the Supreme Court

Execution applications filed by the respondents (decree-holders) were not barred by time

Executing Court rightly dismissed the objection petitions of the appellants

Appeals were dismissed, in circumstances.

Under Art.181 of the Limitation Act, 1908 period of limitation of three years for filing of execution application would commence from the date of accrual of right.