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Section 48: Execution barred in certain cases (Repealed)

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Statutory Regulation
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Act 1908
Section 47 All 158 Sections of Code of Civil Procedure Section 49

Legal Commentary & Landmark Judgments: Section 48

Section 48 historically provided a 12-year maximum limitation ceiling for the execution of civil decrees, which was repealed and re-enacted in Article 136 of the Limitation Act, 1963.

  • Historical 12-Year Ceiling: Historically barred execution applications made after the expiration of 12 years from the date of the decree.
  • Repeal & Re-enactment: Repealed by Section 28 of the Limitation Act, 1963; limitation for execution is now governed exclusively by Article 136 of the Limitation Act, 1963 (12 years from the date the decree becomes enforceable).
  • Fraud Exception Legacy: Carried forward the principle that fraud or force by the judgment-debtor extends the execution limitation window.
Key Landmark Precedents:
  • B. अरविंद कुमार v. Govt. of India, (2007) 5 SCC 745: Referenced the legislative transition from Section 48 CPC to Article 136 of the Limitation Act, 1963.
  • Dr. Chiranji Lal v. Hari Das, (2005) 10 SCC 746: The Supreme Court authoritatively analyzed the 12-year limitation period, holding that under Article 136 (replacing Section 48 CPC), limitation runs from the date the decree becomes enforceable.
Courtroom Practice & Strategic Litigation Guidance:

In computing limitation for execution of a decree, cite Article 136 of the Limitation Act, 1963; remember that for mandatory injunctions, the limitation is 3 years under Article 135, while for general decrees it is 12 years.

Section 47 All 158 Sections of Code of Civil Procedure Section 49