TMI Blog2000 (12) TMI 901X X X X Extracts X X X X X X X X Extracts X X X X ..... missed as time barred. The Execution Court resuscitated the decree with the help of the said order, but the District Court in a revision held otherwise. This appeal by Special Leave is against the order of the District Court as the High Court shut its door for the decree-holder when he knocked at it. The High Court pointed out to him that the revisional powers of the High Court under Section 115 of the Code of Civil Procedure (for short the Code) had already been exercised by the District Court on which such powers were delegated in the State of Madhya Pradesh. The decree which the appellant succeeded in obtaining was one for possession of the suit property. The trial court passed the decree on 14.12.1970. The respondent filed the Fir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ained on merits at all. The High Court considered the only question whether the second appeal filed by the judgment debtor could be treated as valid appeal to be heard on merits. As the High Court found that the appeal was presented after the expiry of the period of limitation and since there was no valid explanation for the delay, the application for condonation of delay was liable to be dismissed and consequently the second appeal was rejected. Learned counsel for the appellant contended before us that dismissal of the second appeal would make the position different as the time would run from the date of such dismissal. He adopted a second contention that interpretation of law of limitation should be such as to prevent the scuttling of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he date when it becomes enforceable. In the Objects and Reasons for introducing the bill for altering the parameters of Article 182 following has been stated, inter alia, thus: Existing Article 182 has been a fruitful source of litigation and therefore the proposed Art.135 (now Art.136) in lieu thereof, provides that the maximum period of limitation for the execution of a decree or order of any civil court shall be 12 years from the date when the decree or order became enforceable (which is usually the date of the decree or order) or, where the decree or subsequent order directs any payment of money or delivery of any property to be made at a certain date or at recurring periods, from the date of the default in making the payment or deli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (a) any adjudication from which an appeal lies as an appeal from an order, or (b) any order of dismissal for default. Explanation .- A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. It is final when such adjudication completely disposes of the suit. It may be partly preliminary and partly final. In order that decision of a court should become a decree there must be an adjudication in a suit and such adjudication must have determined the rights of the parties with regard to all or any of the matters in controversy in the suit and such determination must be of a conclusive nature. If those parameters are to be applied then rejection of application for condona ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he dismissal of application for condonation of delay has no effect on the decree passed by the first appellate court. Learned counsel cited the decision of a two Judge Bench of Calcutta High Court in Shyama Pada Choudhury vs. Saha Choudhury Co. ors. (AIR 1976 Calcutta 122) as the Bench repelled the contention that the time would start running from the date of the decree of the lower court when the appellate court did not interfere with the lower court decree. That position was adopted in the background where the appellate court affirmed the decree of the lower court though with a slight modification regarding the costs portion. In such a situation it was rightly held that the appellate court decree became enforceable and hence the ti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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