Law: Civil Procedure Code (V of 1908)

Section: 47,O.XXI,R.11

Law: Limitation Act, 1908

Section: 181,Preamble

(a) Civil Procedure Code (V of 1908)-- ----S. 47. & O. XXI, R. 11---Limitation Act (IX of 1908), Art. 181---Application for execution of compromise decree dated 22-6-2001 regarding construction of suit property and delivery of shops reserved for decree-holder after its completion---Execution application filed on 7-10-2010 objected to by office of High Court for being time-barred---Plea of decree-holder was that decree was contingent upon completion of building and delivery of shops reserved for decree-holder, thus, limitation would start running only after construction of entire building, but not prior thereto; and that debtor had submitted building plan for construction of Ground + 12 floors, out of which only Basement + Ground + 5 floors were partially constructed as per public notice dated 30-10-2009 issued by Building Authority and amenities had not been provided in terms of such decree, thus, execution application was within time---Validity---Filing of execution application would be governed by Art. 181 of Limitation Act, 1908, which provided period of three years from date of accrual of right to apply---According to such decree, debtor had to complete entire building within 15 months from date of approval of its building plan and had to deliver possession of shops to decree holder after its completion in all respect along with electric connections and bathroom with running water and sewerage lines---Building was still in incomplete condition and debtor had not yet obtained its completion certificate from Building Authority---Completion of building and occupancy certificate were essential for showing completion of building as well as handing over possession to purchaser and/or prospective occupant---Judgment debtor in absence of such certificates could not blame decree holder, who waited for completion of building and delivery of possession of shops in terms of decree---Point of limitation, in the present case was mixed question of law and facts, which would require adjudication in terms of such decree ---Other objections regarding execution application would be heard, if any, filed by debtor under S. 47, C.P.C.---Judgment debtor had failed to fulfil…

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