VidhiSangh

Supreme Court of India · 02/04/2024

PURNI DEVI & ANR. versus BABU RAM & ANR.

[2024] 4 S.C.R. 37 · 2024 INSC 259

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Summary

Time spent diligently pursuing execution before a Tehsildar unable to entertain it for want of jurisdiction had to be excluded under Section 14. The exclusion plea had been raised in the High Court, and the record supported bona fide prosecution rather than deliberate forum misuse. Excluding 18 December 2000 to 29 January 2005 made the later application timely even under the historical J&K three-year provision. The rejection orders were set aside and execution restored for fresh consideration.

Issues

  1. Whether Section 14 excluded the period spent before the Tehsildar.
  2. Whether the plea was new or the earlier proceedings lacked diligence and good faith.
  3. What effect the exclusion had under the applicable historical execution limitation.

Provisions considered

Held

Result

Appeal allowed; limitation-based rejection orders set aside and execution application restored before the Munsiff for fresh consideration with the specified period excluded. Pending applications disposed of; no costs.

Judgment PDF: Supreme Court of India, [2024] 4 S.C.R. 37.