13/06/2026
Whether a decree holder who fails to file the firstex*****on petition within the statutory period ofthreeyears as required by Article 181 of the LimitationAct, 1908, loses the statutory right to seek ex*****onand consequently cannot file any subsequentpetition by invoking the provisions of Section 48 ofthe CPC.
It is by now settled that the right to execute a decree iscircumscribed by statutory limitation and must be exercisedstrictly within the framework provided by the Limitation Act, 1908(“the AcVf The decree-holder is required to file the first petitionfor ex*****on of a decree within a period of three years from thedate when the right to apply accrues. This is the mandatoryrequirement. The law is equally settled that Section 48 CPC doesnot enlarge or override the period provided for the first ex*****onpetition, rather it provides an outer limit for ex*****on proceedingsonce properly initiated in accordance with law.
i. If the first ex*****on petition was not instituted within three years as stipulated under Article 181 of the Act,the decree-holder loses the statutory right to seek ex*****on, and no subsequent petition can be sustained by invoking the provisions of Section 48 CPC.
ii. If the first ex*****on petition was filed within the stipulated period of three years, the subsequent ex*****on petition may be maintained, provided it falls within the outer limit contemplated under Section 48CPC and the decree remained unsatisfied.
iii. Dismissal of the first ex*****on petition on technical grounds does not ipso facto extinguish the decreeholder’s right, provided the initial invocation of jurisdiction was within the stipulated period. If the first ex*****on petition itself was time-barred, the defect is fatal and cannot be cured by filing a second petition by invoking the provisions of Section 48 CPC.
Civil Petition No. 4530 of 2024
Rasheed (deceased) through LRs and others VersusMuhammad Azam Khan and others
12-03-2026M
*M FAROOQ KHILJI ADVOCATE 03336287215*
