Code

CPC[48]Execution barred in certain cases.]Rep. by theLimitation Act, 1963 (36of1963),s. 28 (w.e.f.1-1-
1964).STATE AMENDMENT.Rajasthan.Insertion of new section 48 A.- After section 48 of the Code of Civil Procedure, 1908 (Central Act V of 1908), in its application thereof to the State of Rajasthan, the following new section shall be, and be deemed always to have been inserted, namely:–48-A- Varied application of section 48.- For the purposes of the application of section 48 to the State of Rajasthan;-(i) a decree, made before the twenty-fifth day of January, 1950, in those parts of Rajasthan where a corresponding provision did not then exist, shall, unless it shall have become time-barred or otherwise infructuous before the said day in accordance with any law then prevailing in those parts, be deemed to have been made on the said day, and(ii) Where a decree might have been made before the twenty-fifth day of January, 1950 in those parts of Rajasthan where a corresponding provision then existed, with a period longer than twelve years provided therein such longer period or the period of twelve years form the said day whichever expires first shall be the period after which, according to section 48, no order for execution shall be made.[VideRajasthan Act XX of 1952, s. 2].

Great! You’ve now reached Section 48 CPC – Execution barred in certain cases, which is repealed, but still important for historical and state-specific understanding (especially Rajasthan). Let me structure it properly for ApniLaw-style content:

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Section 48 CPC: Execution barred in certain cases (Repealed)

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Code

Section 48 – Code of Civil Procedure, 1908
[Execution barred in certain cases.]
Repealed by the Limitation Act, 1963 (36 of 1963), Section 28 (w.e.f. 1-1-1964).

State Amendment – Rajasthan

Insertion of new Section 48-A (via Rajasthan Act XX of 1952, Section 2):

48-A. Varied application of Section 48 – For the purposes of the application of Section 48 to the State of Rajasthan:

1. A decree, made before the 25th January, 1950, in those parts of Rajasthan where no corresponding provision then existed, shall (unless already time-barred or infructuous before that date under the prevailing law) be deemed to have been made on 25th January, 1950.
2. Where a decree might have been made before 25th January, 1950, in those parts of Rajasthan where a corresponding provision then existed with a period longer than 12 years, such longer period or 12 years from the said date (whichever expires first) shall be the period after which, according to Section 48, no order for execution shall be made.

📖 Source: Section 48 CPC – Execution barred in certain cases (ApniLaw)

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Explanation

• Originally, Section 48 CPC imposed a 12-year maximum time limit for execution of decrees.
• After the Limitation Act, 1963, this section was repealed, and now the limitation for execution is governed by Article 136 of the Limitation Act, 1963 (12 years from the date when decree becomes enforceable).
• The repeal ensured uniformity, removing duplications between CPC and Limitation Act.
• However, in Rajasthan, a special rule was introduced (Section 48-A) to address decrees made before the integration of Rajasthan (25th Jan 1950).

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Illustrations

• Before repeal (Pre-1964):
  If a decree-holder did not execute a decree within 12 years, execution was barred under Section 48 CPC.
• After repeal (Post-1964):
  The same principle applies under Article 136, Limitation Act, 1963 – no execution after 12 years, but Section 48 CPC is no longer referred to.
• Rajasthan Example:
  A decree passed in 1945 in a princely state part of Rajasthan, where no Section 48-like provision existed, would be treated as if it were passed on 25th Jan 1950. Thus, the 12-year clock started from 25th Jan 1950, not 1945.

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Common Questions and Answers

1. Is Section 48 CPC still in force?

❌ No, it was repealed in 1964 by the Limitation Act, 1963.

2. What governs the limitation for execution of decrees now?

👉 Article 136 of the Limitation Act, 1963 – 12 years from the date the decree becomes enforceable.

3. Why was Section 48 repealed?

To avoid duplication and confusion since the Limitation Act already covered the subject.

4. What is Section 48-A (Rajasthan)?

It is a special amendment clarifying how limitation applied to old decrees in Rajasthan (especially pre-1950 decrees).

5. Can a decree older than 12 years be executed today?

Generally ❌ No, unless there are special saving provisions (like acknowledgment, fraud, or specific state amendments).

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Conclusion

Section 48 CPC, once central to execution proceedings, is now historical since the Limitation Act, 1963 governs execution timelines. However, the principle remains the same: decrees must be executed within 12 years.

In Rajasthan, Section 48-A provided a special transition rule for decrees made before the state’s integration.

👉 Read more: Section 48 CPC – Execution barred in certain cases (ApniLaw)