Gajanan vs Pralhad on 18 March, 2026

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    Supreme Court – Daily Orders

    Gajanan vs Pralhad on 18 March, 2026

    Author: Rajesh Bindal

    Bench: Rajesh Bindal

                                        IN THE SUPREME COURT OF INDIA
                                         CIVIL APPELLATE JURISDICTION
    
                                         CIVIL APPEAL NO. 3524 OF 2026
                                      (Arising Out of SLP (Civil) No. 20405 Of 2025)
    
    
         GAJANAN                                                       ….APPELLANT(S)
    
    
                                                    VERSUS
    
         PRALHAD                                                      …RESPONDENT(S)
    
    
    
                                                      ORDER
    

    VIJAY BISHNOI, J.

    Leave Granted.

    SPONSORED

    2. The present appeal has been preferred by the Appellant (“Decree

    Holder”) challenging the judgment dated 03.02.2025 (hereinafter

    referred to as “impugned judgment”) passed in Writ Petition No. 565

    of 2024 by the High Court of Judicature at Bombay, Nagpur Bench

    (hereinafter referred to as “the High Court”) wherein the High Court

    allowed the writ petition filed by the Respondent (“Judgment Debtor”)

    and set aside the order dated 31.10.2023 passed by the Court of Civil

    Judge, Junior Division, Motala (hereinafter referred to as “Executing

    Court”), whereby the execution application filed by the Decree Holder
    Signature Not Verified

    was allowed for the enforcement of the decree dated 03.12.1999.
    Digitally signed by
    ANITA MALHOTRA
    Date: 2026.04.06
    17:19:56 IST
    Reason:

    3. The essential facts necessary for the disposal of this appeal are

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    that the Decree Holder had instituted a suit bearing Regular Civil Suit

    No.68/1997 for declaration and recovery of possession by removal of

    encroachment, along with payment of mesne profits, in respect of 51R

    of agricultural land out of Gat No.77 situated at village Takli, Taluq

    Motala, District Buldhana (hereinafter referred to as “suit land”)

    against the Judgment Debtor before the Court of Civil Judge (Junior

    Division), Malkalpur (hereinafter referred to as “Trial Court”). The said

    suit came to be decreed vide judgment and order dated 02.12.1999

    and the decree was prepared on 03.12.1999. The relevant extract of

    the order passed on 02.12.1999 is reproduced hereinbelow:

    “Order

    1) Suit is decreed.

    2) Defendant shall hand over possession of 51 R. land out of land
    Gat No. 77 to the plaintiff as shown in blue colour in map Exh.42
    which shall form the ;part of decree hereinafter, within 3 months.

    3) Defendant shall also pay Rs. 500/- to the plaintiff towards mesne
    profit prior to filing of suit.

    4) The future inquiry be held in respect of mesne profit under Order
    20 rule 12 of CPC from the date of Judgment till delivery of
    possession by defendant to plaintiff.

    5) Defendant shall pay costs to plaintiff and shall bear his own.

    6) Decree be drawn up accordingly.”

    4. On 31.12.1999, the Judgment Debtor preferred the first appeal

    bearing Regular Civil Appeal No.131/1999 against the judgment and

    order dated 02.12.1999 under Order 41 Rule 1 read with Section 96 of

    the Code of Civil Procedure, 1908 (for short “the CPC”) before the

    Court of District Judge, Buldhana (hereinafter referred to as “First

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    Appellate Court”).

    5. The said first appeal came to be dismissed in default for want of

    prosecution on 25.11.2004. It is pertinent to note that the decree

    dated 03.12.1999 passed by the Trial Court was never stayed by the

    First Appellate Court during the pendency of the appeal.

    6. Subsequently, on 04.12.2015, the Decree Holder initiated

    execution proceedings before the Executing Court for the enforcement

    of the decree dated 03.12.1999 vide Regular Darkhast No.05.2015.

    The Judgment Debtor appeared in the execution proceedings and filed

    his objections on 26.02.2016, challenging the maintainability of the

    proceedings as hopelessly barred by law, having been filed beyond 12

    years of the judgment and decree dated 02.12.1999 passed by the

    Trial Court. It was further contended that he had not filed any appeal

    against the decree of the Trial Court, stating that he had given

    Vakalatnama to file an appeal but could not contact his lawyer due to

    illness. However, the Decree Holder submitted in its reply that the

    limitation period began from the dismissal of the appeal on

    25.11.2004 and thus, the execution proceedings were filed within

    time. The Decree Holder also contended that the Trial Court’s decree

    was not enforceable as it was only a preliminary decree based on the

    direction passed with respect to the inquiry of mesne profits under

    Order 20 Rule 12 of CPC.

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    7. The Executing Court vide judgment and order dated 31.10.2023

    in Regular Darkhast No.05.2015 allowed the execution application,

    directing the Judgment Debtor to hand over possession of the suit

    land, with assistance of the Deputy Superintendent of Land Records

    for showing boundary marks as per measurement map, execution

    through Bailiff under Order 29 Rule 35 CPC, and payment of Rs.

    500/- mesne profit and Rs. 1,053.25 costs. The Executing Court

    rejected the Judgment Debtor’s contention of non-filing of appeal and

    categorically held that an appeal against the judgment and decree of

    the Trial Court was indeed filed, which was discovered from the record

    of the R.C.A. No.131/1999, called from the Copy Section of the

    District Court, Buldhana. It was further observed that the said appeal

    came to be dismissed in default on 25.11.2004 due to the constant

    absence of the Judgment Debtor himself. In view of the said finding,

    the Executing Court held that the execution application was

    maintainable and filed within 12 years i.e. on 04.12.2015, from the

    dismissal of the appeal as per Article 136 of the Limitation Act, 1963

    (hereinafter referred to as “1963 Act”).

    8. Aggrieved by the judgment and order dated 31.10.2023, the

    Judgment Debtor filed Writ Petition No. 565/2024 before the High

    Court.

    9. The High Court, by way of the impugned judgment, allowed the

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    petition and set aside the order dated 31.10.2023 passed by the

    Executing Court. Relying on this Court’s judgment in Bimal Kumar

    and Anr. vs. Shakuntala Debi and Ors., reported in 2012 (3) Civil

    LJ 266, the High Court held that filing of an appeal does not affect the

    enforceability of the decree unless the appellate court stays its

    operation, but in case, the appeal results in a decree that supersedes

    the decree passed by the lower court, then it is decree of the appellate

    court which becomes enforceable. It further held that when the order

    of the appellate does not amount to a decree, the lower court’s decree

    remains enforceable as there was no supersession.

    10. The High Court rejected the Decree Holder’s contention of the

    decree dated 03.12.1999 being a preliminary decree for requiring an

    inquiry of mesne profits, holding that such inquiry under Order 20

    Rule 12 of CPC is an independent inquiry and it does not make the

    Trial Court’s decree a preliminary one. Accordingly, the High Court

    held that the execution proceedings filed on 04.12.2015 were not

    maintainable, being beyond the limitation period, which has been

    prescribed under Article 136 of the 1963 Act. It was held that there

    was no supersession of the Trial Court’s decree in this case as the

    appeal was dismissed in default on 25.11.2004 and thus, there was

    essentially no decree passed in appeal. Further, the Court noted that

    the operation of Trial Court’s decree was not stayed during the

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    pendency of the appeal and thus, it remained enforceable and

    executable within 12 years from the passing of the judgment and

    decree in R.C.S No.68/1997. The High Court held that the execution

    application ought to have been filed before 02.12.2011, that is within

    12 years from the judgment and decree dated 02.12.1999.

    11. The learned Counsel for the Decree Holder vehemently submitted

    that the impugned judgment suffers from an error of law as it failed to

    take note of the fact that the Judgment Debtor played a fraud upon

    the Court and did not approach it with clean hands. It was submitted

    that the Judgment Debtor misled the Executing Court by contending

    that no appeal against the Trial Court’s decree was preferred due to

    his illness, however, the said contention was false as rightly held by

    the Executing Court. It was further argued that the High Court

    committed a grave mistake in relying upon Bimal Kumar (supra), as

    the facts were clearly distinguishable.

    12. It was further contended that when an appeal is dismissed for

    non-appearance, the limitation period for execution starts from the

    date of the dismissal order, as such order is considered the final order

    of the appellate court and the original decree merges into it, meaning

    thereby that the appellate court’s order becomes the final and

    executable decree. Consequently, the period of limitation for executing

    the decree would begin from the date of the appellate court’s dismissal

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    order and not from the date of the lower court’s original decree, and

    therefore the Decree Holder had 12 years to initiate execution

    proceedings from the date of dismissal of the appeal. It was further

    submitted that the filing of an appeal keeps the matter sub judice and

    the decree attains finality only upon disposal of the appeal. The

    dismissal order, being a judicial order, results in the original decree

    being superseded by the appellate court’s order.

    13. The learned Counsel also relied upon the judgment of this Court

    in Shyam Sundar Sarma vs. Pannalal Jaiswal & Ors., reported in

    (2005) 1 SCC 436, to argue that even dismissal of appeal for default or

    non-prosecution is a decision in appeal and the decree attains finality

    only on disposal of the appeal finally. In light of the said position, the

    learned Counsel argued that the execution application was filed within

    the limitation period.

    14. Per contra, the learned Counsel for the Judgment Debtor

    submitted that the decree became enforceable on 02.12.1999 and

    since there was no stay on its operation, the limitation period for

    execution expired on 01.12.2011. Relying upon the judgment in

    Ratansingh vs. Vijaysingh and Ors., reported in (2001) 1 SCC 469,

    it was argued that filing of an appeal would not affect the

    enforceability of the decree unless the appellate court stays its

    operation. It was finally submitted that the appeal being dismissed in

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    default on 25.11.2004 did not create a new starting point of limitation

    as the original decree of the Trial Court remained enforceable

    throughout.

    15. Now, the only question that falls for our consideration is whether

    the execution application filed by the Decree Holder on 04.12.2015

    was maintainable and filed within the limitation period?

    16. The limitation period provided for filing for execution of any

    decree or order under Article 136 of the 1963 Act is 12 years, and the

    period of limitation begins to run from the date when the decree or

    order becomes enforceable. It is settled law that when an appeal is

    preferred against such decree, the decree of the Trial Court generally

    merges into the appellate decree. However, in the present case, the

    First Appellate Court dismissed the appeal in default on 25.11.2004.

    17. While it is undisputed that there was no stay on the operation of

    the decree of the Trial Court during the pendency of the appeal and

    the said decree remained enforceable, the dismissal of such appeal,

    albeit in default, reset the limitation clock for filing of the execution

    proceedings as it had the effect of confirming the decree of the Trial

    Court.

    18. A four-Judge Bench of this Court in Sheodan Singh vs. Daryao

    Kunwar (SMT), reported in 1966 SCC OnLine SC 98, while dealing

    with the issue of res judicata, has unequivocally held that even when

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    an appeal is dismissed on some preliminary ground, say limitation, it

    essentially confirms the decision of the trial court on merits and such

    appeal is deemed to have been heard and finally decided on merits, no

    matter the grounds for such dismissal. The relevant portion of the said

    judgment is reproduced hereinbelow:

    “14. This brings us to the main point that has been urged in these
    appeals, namely, that the High Court had not heard and finally
    decided the appeals arising out of suits Nos. 77 and 91. One of the
    appeals was dismissed on the ground that it was filed beyond the
    period of limitation while the other appeal was dismissed on the
    ground that the appellant therein had not taken steps to print the
    records. It is therefore urged that the two appeals arising out of suits
    Nos. 77 and 91 had not been heard and finally decided by the High
    Court, and so the condition that the former suit must have been
    heard and finally decided was not satisfied in the present case.
    Reliance in this connection is placed on the well-settled principle that
    in order that a matter may be said to have been heard and finally
    decided, the decision in the former suit must have been on the
    merits. Where, for example, the former suit was dismissed by the
    trial court for want of jurisdiction, or for default of plaintiff ‘s
    appearance, or on the ground of non-joinder of parties or misjoinder
    of parties or multifariousness, or on the ground that the suit was
    badly framed, or on the ground of a technical mistake, or for failure
    on the part of the plaintiff to produce probate or letters of
    administration or succession certificate when the same is required
    by law to entitle the plaintiff to a decree, or for failure to furnish
    security for costs, or on the ground of improper valuation or for
    failure to pay additional court fee on a plaint which was
    undervalued or for want of cause of action or on the ground that it is
    premature and the dismissal is confirmed in appeal (if any), the
    decision not being on the merits would not be res judicata in a
    subsequent suit. But none of these considerations apply in the
    present case, for the Additional Civil Judge decided all the four suits
    on the merits and decided the issue as to title on merits against the
    appellant and his father. It is true that the High Court dismissed the
    appeals arising out of suits Nos. 77 and 91 either on the ground that
    it was barred by limitation or on the ground that steps had not been
    taken for printing the records. Even so the fact remains that the
    result of the dismissal of the two appeals arising from suits Nos. 77
    and 91 by the High Court on these grounds was that the decrees of
    the Additional Civil Judge who decided the issue as to title on merits
    stood confirmed by the order of the High Court. In such a case, even
    though the order of the High Court may itself not be on the merit the
    result of the High Court’s decision is to confirm the decision on the

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    issue of title which had been given on the merits by the Additional
    Civil Judge and thus in effect the High Court confirmed the decree of
    the trial court on the merits, whatever may be the reason for the
    dismissal of the appeals arising from suits Nos. 77 and 91. In these
    circumstances though the order of the High Court itself may not be
    on the merits, the decision of the High Court dismissing the appeals
    arising out of suits Nos. 77 and 91 was to uphold the decision on the
    merits as to issue of title and therefore it must be held that by
    dismissing the appeals arising out of suits Nos. 77 and 91 the High
    Court heard and finally decided the matter for it confirmed the
    judgment of the trial court on the issue of title arising between the
    parties and the decision of the trial court being on the merits the
    High Court’s decision confirming that decision must also be deemed
    to be on the merits. To hold otherwise would make res judicata
    impossible in cases where the trial court decides the matter on
    merits but the appeal court dismisses the appeal on some
    preliminary ground thus confirming the decision of the trial court on
    the merits. It is well-settled that where a decree on the merits is
    appealed from, the decision of the trial court loses its character of
    finality and what was once res judicata again becomes res
    subjudice and it is the decree of the appeal court which will then be
    res judicata. But if the contention of the appellant were to be
    accepted and it is held that if the appeal court dismisses the appeal
    on any preliminary ground, like limitation or default in printing, thus
    confirming into the trial court’s decision given on merits, the appeal
    court’s decree cannot be res judicata, the result would be that even
    though the decision of the trial court given on the merits is confirmed
    by the dismissal of the appeal on a preliminary ground there can
    never be res judicata. We cannot therefore accept the contention that
    even though the trial court may have decided the matter on the
    merits there can be no res judicata if the appeal court dismisses the
    appeal on a preliminary ground without going into the merits, even
    though the result of the dismissal of the appeal by the appeal court
    is confirmation of the decision of the trial court given on the merits.
    Acceptance of such a proposition will mean that all that the losing
    party has to do to destroy the effect of a decision given by the trial
    court on the merits is to file an appeal and let that appeal be
    dismissed on some preliminary ground, with the result that the
    decision given on the merits also becomes useless as between the
    parties. We are therefore of opinion that where a decision is given on
    the merits by the trial court and the matter is taken in appeal and
    the appeal is dismissed on some preliminary ground, like limitation
    or default in printing, it must be held that such dismissal when it
    confirms the decision of the trial court on the merits itself amounts to
    the appeal being heard and finally decided on the merits whatever
    may be the ground for dismissal of the appeal.”
    (Emphasis supplied)

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    19. Furthermore, this Court, in Shyam Sundar Sarma (supra),

    while discussing the implication of the Explanation to Order 9 Rule 13

    of CPC, held that even if an appeal is dismissed in default or as

    time-barred, such dismissal would still amount to a final disposal of

    the appeal, as the same cannot be equated with non-filing of appeal or

    withdrawal of the appeal. The relevant portions of the said judgment

    are extracted hereunder:

    “12. Learned counsel placed reliance on the decision in Ratansingh
    v. Vijaysingh
    [(2001) 1 SCC 469] rendered by two learned Judges of
    this Court and pointed out that it was held therein that dismissal of
    an application for condonation of delay would not amount to a
    decree and, therefore, dismissal of an appeal as time-barred was
    also not a decree. That decision was rendered in the context of
    Article 136 of the Limitation Act, 1963 and in the light of the
    departure made from the previous position obtaining under Article
    182
    of the Limitation Act, 1908. But we must point out with respect
    that the decisions of this Court in Mela Ram and Sons [1956 SCR
    166 : AIR 1956 SC 367] and Sheodan Singh [AIR 1966 SC 1332 :

    (1966) 3 SCR 300] were not brought to the notice of Their Lordships.

    The principle laid down by a three-Judge Bench of this Court in Mela
    Ram and Sons [1956 SCR 166 : AIR 1956 SC 367] and that stated in
    Sheodan Singh [AIR 1966 SC 1332 : (1966) 3 SCR 300] was, thus,
    not noticed and the view expressed by the two-Judge Bench, cannot
    be accepted as laying down the correct law on the question. Of
    course, Their Lordships have stated that they were aware that some
    decisions of the High Courts have taken the view that even rejecting
    an appeal on the ground that it was presented out of time is a
    decree within the definition of a decree obtaining in the Code.
    Thereafter, noticing the decision of the Calcutta High Court above-
    referred to, Their Lordships in conclusion apparently agree with the
    decision of the Calcutta High Court.
    Though the decision of the Privy
    Council in Nagendra Nath Dey v. Suresh Chandra Dey [(1932) 59 IA
    283 : AIR 1932 PC 165] was referred to, it was not applied on the
    ground that it was based on Article 182 of the Limitation Act, 1908,
    and there was a departure in the legal position in view of Article 136
    of the Limitation Act, 1963.
    But with respect, we must point out that
    the decision really conflicts with the ratio of the decisions in Mela
    Ram and Sons [1956 SCR 166 : AIR 1956 SC 367] and Sheodan
    Singh [AIR 1966 SC 1332 : (1966) 3 SCR 300] and another decision
    of this Court rendered by two learned Judges in Rani Choudhury v.
    Lt.-Col
    . Suraj Jit Choudhury [(1982) 2 SCC 596] .
    In Essar

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    Constructions v. N.P. Rama Krishna Reddy
    [(2000) 6 SCC 94]
    brought to our notice, two other learned Judges of this Court left
    open the question. Hence, reliance placed on that decision is of no
    avail to the appellant.

    13. In the context of the Explanation to Order 9 Rule 13 of the
    Code, the question was squarely considered by this Court in Rani
    Choudhury
    case [(1982) 2 SCC 596] . The High Court, in our view,
    has rightly held that the decision of this case is directly covered by
    that decision. Therein, the plaintiff, the wife, obtained an ex parte
    decree for divorce against the husband, the defendant. The husband
    preferred an appeal in the High Court against the decree and also
    made an application under Section 5 of the Limitation Act for
    condoning the delay in filing that appeal. The High Court dismissed
    the appeal as being time-barred. The husband, the defendant, then
    filed a petition under Order 9 Rule 13 of the Code for setting aside
    the ex parte decree along with an application under Section 5 of the
    Limitation Act. The trial court dismissed the application holding that
    no sufficient cause was made out for condoning the delay in filing
    the petition under Order 9 Rule 13 of the Code. The husband filed a
    civil miscellaneous appeal in the High Court challenging the said
    order of the trial court. The High Court took the view that the
    Explanation to Order 9 Rule 13 of the Code did not create a bar to
    the maintainability of the petition under that rule as the appeal
    against the ex parte decree had been dismissed not on merits but on
    the ground of limitation by not accepting the application for
    condonation of delay which meant that no appeal was preferred in
    the eye of the law. This view of the High Court was challenged in
    appeal before this Court. It was argued that the High Court has
    misunderstood the scope and ambit of the Explanation to Order 9
    Rule 13 of the Code and that in the circumstances, the High Court
    should have held that the petition under Order 9 Rule 13 of the Code
    would not lie. This Court accepted that contention. This Court held
    that where there has been an appeal against an ex parte decree and
    the appeal has not been withdrawn by the appellant and had been
    disposed of on any ground, the application under Order 9 Rule 13 of
    the Code would not lie and should not be entertained. Hence, even
    though the appeal against the ex parte decree was disposed of on
    the ground of limitation and not on merits, the Explanation to Order
    9 Rule 13 of the Code was attracted and hence no petition under
    Order 9 Rule 13 of the Code would lie. On the scope of the
    Explanation, it was stated that the disposal of the appeal as
    contemplated in the Explanation was not intended to mean or imply
    a disposal on merits resulting in the merger of the decree of the trial
    court with a decree, if any, of the appellate court on the disposal of
    the appeal. The disposal of the appeal may be on any ground and
    though the withdrawal of an appeal by an appellant is also to be
    considered a disposal of the appeal, the same has been expressly
    exempted by the Explanation. It was also observed that the
    legislative intent incorporated in the Explanation to Order 9 Rule 13
    of the Code was to confine the defendant to a single course of action
    and to discourage the prolonging of the litigation on the ex parte

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    decree, namely, by preferring an application to the trial court under
    Order 9 Rule 13 of the Code for setting aside the decree and by filing
    an appeal to a superior court against it. If he did not withdraw the
    appeal filed by him or allowed the appeal to be disposed of on any
    other ground, he was denied the right to apply under Order 9 Rule
    13 of the Code. The Court also clarified that by the introduction of
    the Explanation, the area of operation of the doctrine of merger was
    enormously extended. By virtue of the Explanation, the disposal of
    the appeal on any ground whatever, apart from its withdrawal,
    constituted sufficient reason for bringing the bar into operation. In
    the light of this, it was held that though in that case the appeal filed
    by the husband against the ex parte decree was dismissed on the
    ground of it being barred by limitation, it was a disposal of the
    appeal and the petition under Order 9 Rule 13 of the Code was hit
    by the Explanation. In P. Kiran Kumar v. A.S. Khadar [(2002) 5 SCC
    161] this Court followed the decision in Rani Choudhury [(1982) 2
    SCC 596] and held that the dismissal of the appeal against an ex
    parte decree as barred by limitation, prevented the trial court which
    passed the ex parte decree, from exercising its power under Order 9
    Rule 13 of the Code in view of the Explanation.

    xxx

    15. We are not impressed by the argument of learned counsel for
    the appellant that the decision in Rani Choudhury case [(1982) 2
    SCC 596] requires reconsideration. On going through the said
    decision
    in the light of the objects and reasons for the introduction of
    the Explanation to Order 9 Rule 13 and the concept of an appeal as
    indicated by the Privy Council and this Court in the decisions
    already cited, the argument that an appeal which is dismissed for
    default or as barred by limitation because of the dismissal of the
    application for condoning the delay in filing the same, should be
    treated on a par with the non-filing of an appeal or the withdrawal
    of an appeal, cannot be accepted. The argument that since there is
    no merger of the decree of the trial court in that of the appellate court
    in a case of this nature and consequently the Explanation should not
    be applied, cannot also be accepted in the context of what this Court
    has earlier stated and what we have noticed above.”
    (Emphasis supplied)

    20. The Judgment Debtor’s reliance on the two-Judge Bench

    judgment in Ratansingh (supra) is erroneous as the said judgment

    has already been overruled by a three-Judge Bench of this Court in

    Shyam Sundar Sarma (supra), which clarified that Ratansingh does

    not lay down the correct law.

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    21. The upshot of this discussion is that an appeal is intrinsically a

    continuation of the suit and thus, even if an appeal against an order

    or decree of the Trial Court is dismissed on any preliminary or

    technical ground, such as limitation or non-prosecution, rather than

    the merits of the case, it still gives rise to a fresh starting point for the

    limitation period for execution of such order or decree. The original

    decree of the Trial Court cannot be deemed as “final” as long as the

    appeal against the same remains pending. Thus, the order of dismissal

    of the appeal finally disposes of the matter and confirms the decree of

    the Trial Court, even if such dismissal is for reason of non-

    prosecution.

    22. The order dated 25.11.2004, which dismissed the appeal in

    default, was thus a “final order” as it finally confirmed the decree of

    the Trial Court and disposed of the appeal. Therefore, the limitation

    period for execution of the decree dated 03.12.1999 accrued on the

    date of dismissal of the appeal i.e. 25.11.2004 and the execution

    application filed on 04.12.2015 was within time, if we compute the

    period of 12 years from 25.11.2004.

    23. Courts should avoid adopting a hypertechnical approach in

    matters of limitation. A layperson, unfamiliar with the letter of law,

    may mistakenly believe that execution proceedings can only

    commence once an appeal against the decree has been finally disposed

    14
    of. Even lawyers under a bonafide belief, may advise their clients to

    initiate execution proceedings only after final disposal of all appellate

    proceedings. In such circumstances, courts are expected to adopt a

    more liberal and pragmatic stance, ensuring that substantive rights

    are not defeated by rigid adherence to procedural rules, thereby

    striking a fair balance between justice and procedure.

    24. It also becomes imperative to note that no party can take

    advantage of its own wrong. The appeal was dismissed in default only

    due to the constant absence of the Judgment Debtor and thus, he

    cannot be allowed to gain benefit out of such dismissal.

    25. In view of the said discussion, this appeal succeeds. The

    judgment dated 03.02.2025 passed by the High Court of Judicature at

    Bombay, Nagpur Bench in Writ Petition No. 565 of 2024, is set aside

    and order dated 31.10.2023 passed by the Court of Civil Judge,

    Junior Division, Motala is hereby restored.

    26. Pending application(s), if any, also stand disposed of.

    ………………………., J.

    (RAJESH BINDAL)

    ………………………., J.

    (VIJAY BISHNOI)

    NEW DELHI;

    MARCH 18, 2026.

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    ITEM NO.23                 COURT NO.15               SECTION IX-A
    
                   S U P R E M E C O U R T O F      I N D I A
                           RECORD OF PROCEEDINGS
    
    Petition(s) for Special Leave to Appeal (C)    No(s).   20405/2025
    
    

    [Arising out of impugned final judgment and order dated 03-02-2025
    in WP No. 565/2024 passed by the High Court of Judicature at
    Bombay, Bench at Nagpur]

    GAJANAN Petitioner(s)

    VERSUS

    PRALHAD Respondent(s)

    (FOR ADMISSION and I.R.
    IA No. 176337/2025 – EXEMPTION FROM FILING O.T.)

    Date : 18-03-2026 This matter was called on for hearing today.

    CORAM :

    HON’BLE MR. JUSTICE RAJESH BINDAL
    HON’BLE MR. JUSTICE VIJAY BISHNOI

    For Petitioner(s) :

    Mrs. Sudha Gupta, AOR
    Mr. R. S. Rathi, Adv.

    Ms. Kusum, Adv.

    For Respondent(s) :

    (Through V.C.) Mr. Nishant Ramakantrao Katneshwarkar, AOR
    Mr. Vijay Singh Mehra, Adv.
    Mr. Shrirang Katneshwarkar, Adv.
    Mr. Dipak Vidhate, Adv.

    UPON hearing the counsel the Court made the following
    O R D E R

    Leave granted.

    The appeal is allowed in terms of the signed order.

    Pending application shall also stand disposed of.

         (ANITA MALHOTRA)                          (MANOJ KUMAR)
            AR-CUM-PS                              COURT MASTER
                   (Signed order is placed on the file.)
    
    
                                      16
    



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