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Code of Civil Procedure, 1908


48.Execution barred in certain cases.-

(1) Where an application to execute a decree not being a decree shall be made, no order for the execution of the same decree shall be made upon any fresh application presented after the expiration of twelve{ For certain purposes in parts of U.P., read "six"-vide the U.P.Regulation of Agricultural Credit Act, 1940 (U.P 14 of 1940), s.9.} years from-

(a) the date of the decree sought to be executed, or,

(b) where the decree or any subsequent order directs any payment of money or the delivery of any property to be made at a certain date or at recurring periods, the date of the default in making the payment or delivery in respect of which the applicant seeks to execute the decree.

(2) Nothing in this section shall be deemed.-

(a) to preclude the Court from ordering the execution of a decree upon an application presented after the expiration of the said term of twelve years, where the judgment-debtor has, by fraud or force, prevented the execution of the decree at some time within twelve y ears immediately before the date of the application ; or

(b) to limit or otherwise affect the operation of article {Subs, by Act 34 of 1940, s.3, for "180 of the Second Schedule to the Indian Limitation Act, 1877".} [183 of the First Schedule to the Indian Limitation Act, 1908].9 of 1908.



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