We cannot accept either of the two submissions. The limitation for restitution under the Limitation Act is 12 years. The ex parte decree was set aside on 28th August, 1998 and thereafter, the Appellant has been litigating at various levels. If the Appellant had obtained stay order(s) during this period, obviously the period for which the stay was granted, would have to be excluded while calculating the period of limitation. This is not the job of this Court. It is for the executing court to decide whether the restitution petition, if any filed, is within the limitation or not. It is only the court which passed the original decree, which can order restitution. Restitution cannot be granted by the Supreme Court, as held in the case of State Bank of Saurashtra v. Chitranjan Rangnath MANU/SC/0006/1980 : (1980) 4 SCC 516.
IN THE SUPREME COURT OF INDIA
Civil Appeal No. 2062 of 2009
Decided On: 08.09.2017
Vijay Singh Vs. Shanti Devi and Ors.
Hon'ble Judges/Coram:
Madan B. Lokur and Deepak Gupta, JJ.
No comments:
Post a Comment