Decree passed by High Court became enforceable in view of doctrine of merger - Undisputedly,petition filed within period of limitation from date of judgment of High Court - Petition not barred by law of limitation.

Citation

AIROnline 2018 SC 685

2019(2) CTC 471

SUPREME COURT

N. V. RAMANA , J. and MOHAN M. SHANTANAGOUDAR , J.

CIVIL APPEAL - 10442 of 2011 D/- 24 - 10 - 2018

Shanthi v. T. D. Vishwanathan and Ors.

Civil P.C. (5 of 1908), O.21 R.10 - Execution petition - Limitation - Challenge on ground that

execution petition not filed within 12 months from decree of Trial Court - As decree of Trial

Court affirmed by First Appellate Court and further affirmed by Second Appellate Court,

decree passed by High Court became enforceable in view of doctrine of merger - Undisputedly,

petition filed within period of limitation from date of judgment of High Court - Petition not

barred by law of limitation.

 (Paras 4, 5, 6)