Certificate issued by Registrar - Is deemed to be a decree ofcivil Court and hence, execution petition canbe filed within 12 years of decree

Citation

AIROnline 2023 KAR 1111

Karnataka High Court

H. P. SANDESH , J.

M.F.A. - 834 of 2018 D/- 14 - 7 - 2023

P. Prathiba v. M/s. Avenue Super Chits (P) Ltd. Bengaluru

(A)Civil P.C. (5 of 1908), O.21 R.90, S.151 -

Chit Funds Act (40 of 1982), S.71 - Execution

petition - Bar of limitation - Certificate issued

by Registrar - Is deemed to be a decree of

civil Court and hence, execution petition can

be filed within 12 years of decree - Period

of limitation is 12 years and not three years

- S.71(b) of Act is not applicable - Plea of

judgment debtor that time period is within

three years and execution ought to be filed

within three years is untenable.

 (Para 15)