In Civil Appeal, arising from Special Leave Petition (Civil) No. 17665 of 2018, Purni Devi and another are the appellants, while Babu Ram and another are the respondents. The appeal challenges the final judgment of the High Court of Jammu and Kashmir at Jammu, which affirmed the dismissal of an execution application by the Munsiff, Hiranagar, on grounds of limitation.
Read Full Judgment : Purni Devi & Anr. v. Babu Ram & Anr
The case originates from a suit filed in 1984 by the predecessors of the appellants against the respondents, seeking possession of a property. The suit was decreed in favour of the appellants in 1986. Despite challenges by the respondents in subsequent appeals, the decree attained finality in 2000. The present issue arises from an execution application filed by the appellants in 2000, subsequently dismissed in 2007 as time-barred.
The Munsiff Court dismissed the execution application, holding it to be barred by the 3-year limitation period under Article 182 of the Jammu and Kashmir Limitation Act. This decision was affirmed by the High Court, which also considered the applicability of Section 48 of the Civil Procedure Code (CPC), which provides a 12-year limitation for execution.
The appellants contend that the time spent pursuing the execution application before the Tehsildar should be excluded from the limitation period, invoking Section 14 of the Limitation Act. They argue that their actions were bona fide and in good faith, thus warranting exclusion of time.
The respondents oppose the appellants’ plea, asserting that it was raised for the first time before the Supreme Court. They argue that the appellants did not approach the court diligently and with clean hands, thus precluding the application of Section 14.
The Supreme Court analyzes the provisions of Section 14 of the Limitation Act and precedent judgments, including Consolidated Engg. Enterprises and M.P. Steel Corporation, which emphasize the exclusion of time spent pursuing proceedings in a court lacking jurisdiction. Finding the appellants’ actions to meet the conditions for invoking Section 14, the Court allows the appeal, setting aside the orders of the lower courts and restoring the execution application for fresh consideration.
