A.
Dear Client,
Under Article 136 of the Constitution of India, a Special Leave Petition (SLP) is required to be filed challenging a High Court order in the Supreme Court within 90 days from the date of the High Court's judgment or order where an substantial questionion of law is involved or the question involves public importance or a gross injustice has been done. The time taken to obtain a certified copy of the High Court's order is excluded from the 90-day limitation period. If the High Court denies the certificate of fitness for appeal, the SLP must be filed within 60 days from the date of the High Court's refusal. Beyond the limitation period, the Hon'ble Supreme Court has its discretion to condone the delay in filing of an SLP. Even a review Petition must be filed within 30 days from the judgment or order of which review is sought and must be placed before the same Bench that had delivered the order/decision. Once this limitation period expires without an appeal, the High Court's order becomes final and binding. It can then be enforced through execution proceedings. Even if an appeal is filed, but it's later dismissed by the Supreme Court, the High Court's order becomes enforceable because the appeal has been resolved. The process of execution is nothing but the enforcement of decrees and orders of Courts by the process of the Court, whereby the party entitled to the benefit of a judgment may obtain that benefit from any person against whom a decree has been passed. Article 136 of the Limitation Act, 1963, deals with the limitation period for executing a decree (excluding a decree granting a mandatory injunction) or order of a Civil Court. The prescribed limitation period is twelve years. This period begins to run when the decree or order becomes enforceable. Hence, it is recommended to consult with an experienced Advocate(AOR) of the High Court to navigate the matter correctly.
Posted On 10-Jun-2025
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