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Limitation Act, 1908 – Article 182
Limitation Act, 1963 – Article 136, Section 31
Execution – Limitation – The execution of the decree for eviction passed on 15th of October, 1960 became time-barred on 14th of October, 1960 under Article 182 of the Indian Limitation Act, 1908 as it stood then – Under s. 31(a) of the 1963 Limitation Act, the provisions of the 1963 Limitation Act would not be availed of in respect of an application for which the period of limitation had expired before the commencement of the 1963 Limitation Act, that it to say, 1.1.1964. But even if Article 136 of the Limitation Act, 1963 was attracted it had become barred after 12 years from the date of the decree, i.e. 15th October, 1960 – There was no requirement of permission under the Slum Act and, as such, no impediment in putting the decree dated 15th October, 1960 into execution. Second application for permission was filed after a lapse of more than 15 years; there was, in any event, no legal impediment or legal bar which prevented the respondent from making the application for permission to the competent authority under the Slum Act before.
(1987) AIR(SC) 2230 : (1987) 2 ARC 398 : (1987) 33 DLT 105 : (1987) 3 JT 389 (1987) 2 SCALE 387 : (1987) 4 SCC 84 : (1987) 3 SCR 1001
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