Whether Sec.5 of the Limitation Act is applicable to the proceedings under Order 21 CPC

Whether Sec.5 of the Limitation Act is applicable to the proceedings under Order 21 CPC? As per Sec.5 of the Limitation Act, the provision is not applicable to proceedings u/O.21 CPC. - But there is an amendment in the year 1992 adding sub Rule 4 to Rule 106 of O.21 C.P.C. In view of the same, Sec.5 of Limitation Act is applicable to orders under O.21 Rule 105 C.P.C. and for the petitions filed u/O.21 Rule 58 C.P.C. also. Please refer – Sale Rangaswamy Vs. Spl.Collector-cum-Land Acquisition Officer SSP, Kurnool {2004 (3) ALD83} State Bank of India Vs. Muffar Ali Khan & others {2004 (6) ALT 17} Please also refer – Damodaran Pillai Vs. South India Bank Limited (AIR 2005 SC 3460) Thatipalli Vajramma Vs. Revuri Devayya & others {2008(1) ALT 442} Habiba Babu -Vs- B. Choudesh (2009 (1) APLJ 369) The Law is finally settled by full bench of our Hon’ble High Court in Ch.Krishnaiah Vs Ch. Prasada Rao (2009 (6) ALT 82 FB) -0- EXECUTION PROCEEDINGS – LIMITATION PRESCRIBED UNDER THE LIMITATION ACT 1963 Art No. Description of application Period of limitation Time from which period begins to run 1 2 3 4 124 For a review of judgment by a Court other than the Supreme Court. Thirty days The date of the decree or roder. 125 To record an adjustment or satisfaction of a decree. Thirty days When the payment or adjustment is made. 126 For the payment of the amount of a decree by installments. Thirty days The date of the decree. 127 To set aside a sale in execution of a decree, including any such application by a judgment-debtor. Sixty days The date of the sale. 128 For possession by one dispossessed of immovable property and disputing the right of the decree-holder or purchaser at a sale in execution of a decree. Thirty days The date of the dispossession. 129 For possession after removing resistance or obstruction to delivery of possession of immovable property decreed or sold in execution of a decree. Thirty days The date of resistance or obstruction. 134 For delivery of possession by a purchaser of immovable property at a sale in execution of a decree. One year When the sale becomes absolute. 135 Mandatory Injunction Three years The date of the decree or where a date is fixed for performance, sch date. 136 For the execution of any decree (other than a decree granting a mandatory injunction) or order of any Civil Court. Twelve years (When) the decree or order becomes enforceable or 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, when default in making the payment or delivery in respect of which execution is sought, takes place. Provided that an application for the endorcement or execution of a decree granting a perpetual injunction shall not be subject to any period of limitation. 137 Any other application for which no period of limitation is provided elsewhere int his division. Three years When the right to apply accrue