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Showing posts from August 28, 2023

HSC English First Paper English For Today - Unit 7 Lesson 1 Brojen Das

Modes of Execution of Decree

Modes of Execution of Decree Question: After filing the first application for execution of decree within three years, the decree-holder may file any new application for any number of decrees within three years of the disposal of each previous application, but not later than 3 years from the date of the decree. Explain the statement in the light of Section 48 of the Code of Civil Procedure, 1908. Is there any exception to such limitation? Answer: Section 48 of the Code of Civil Procedure provides the maximum limit for filing a suit for execution. According to this section, the application can be filed within 12 years, but there is no time limit for filing the first application in Section 48. In this case, Article 182 of Schedule 1 of the Limitation Act has to be followed. If the decree holder fails to file an application for execution within 3 years, he will be barred by limitation and in this case he will not be able to avail of the 12-year limitation period under Section 48. The dead...