Appeal is continuation of Suit and Decree of Trial Court merges with Decree of Appellate Court - Limitation to commence only from date of Decree of Appellate Court - Execution Application filed within 12 years from date of Decree of Appellate Court, held, within limitation

Citation

2015 (3) CTC 50 (Mad)

IN THE HIGH COURT OF MADRAS

K. Kalyanasundaram, J.

C.R.P.(NPD) No. 1479 of 2005 & C.M.P. No. 12354 of 2005.January 22, 2015

K.G. Sathyamurthy...PetitionerVs.State Bank of Travancore, Pollachi Branch, Rep. by Its Branch Manager, Pollachi; K.G. Kanakarajan...Respondent

Limitation Act, 1963 (36 of 1963), Article 136 - Suit decreed in entirety at Appellate stage Date of Limitation for filing Execution Petition - When commences of money partly decreed by Trial Court on 29.6.1983 - Suit decreed in entirety by Appellate Court on 19.2.1998 - Execution Application filed on 6.8.1999 Suit for recovery Contention of Revision Petitioner that Suit was partly decreed in 1983, and thus Execution Application ought to have been filed within 12 years from date of said Original Decree Held, Appeal is continuation of Suit and Decree of Trial Court merges with Decree of Appellate Court - Limitation to commence only from date of Decree of Appellate Court, as Decree of Appellate Court supersedes Decree of Trial Court - Consequently, Execution Application filed within 12 years from date of Decree of Appellate Court, held, within limitation Petition dismissed - Decision of Apex Court in Chandi Prasad v. Jagdish Prasad, 2004 (5) CTC 67 (SC), relied upon. Civil Revision