Cross World (Pvt.) Ltd. vs Maharaja Investment Ltd. – SC APPEAL NO. 36/10-2010

The case between Maharaja Investment Ltd. (formerly Union Trust and Investment, with associated liquidators and legal representatives) and Cross World (Pvt.) Ltd., Surendra Ediriweera, and Jinendra Ediriweera addressed the issue of whether the Order dated 2.10.2009 for execution of the Court of Appeal decree was contrary to Section 337(1) of the Civil Procedure Code. The court held that the 10‑year limitation period for seeking writ of execution begins from the date the proceedings were returned to the Court of First Instance (30.11.1996) and not from the later reading of the decree in the District Court (30.4.2009). This reaffirmed the principle that statutory limitation periods for decree execution must be strictly adhered to, with starting points governed by statutory construction. The

REF: SC APPEAL NO. 36/10-2010 Category: Tag:
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