LIMIT OF TIME FOR EXECUTIONCentral

Section 48 of The Code of Civil Procedure, 1908

[Repealed.].

[Execution barred in certain cases.] Rep. by the Limitation Act, 1963 (36 of 1963), 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. [Vide Rajasthan Act XX of 1952, s. 2].

Summary

This section previously set time limits on how long a decree could be executed.
It has been repealed, meaning it is no longer in effect as part of this Code.
The rules that used to be here were replaced by the Limitation Act of 1963.
Because it is repealed, you will not find active rules about time limits for execution within this specific section today.

Practical examples

1A lawyer looks for Section 48 in the current Code to see if a 10-year-old decree can still be enforced. They find that the section is empty and marked "Repealed," so they must check the Limitation Act instead.

2A student studying for a law exam sees Section 48. They note that they don't need to memorize any specific deadlines from this section of the 1908 Act because the Parliament removed those rules in 1963.

FAQ

1. What does Section 48 of The Code of Civil Procedure, 1908, say about time limits?

It currently says nothing because it was repealed by the Limitation Act, 1963.

2. Why is Section 48 of the 1908 civil law marked as repealed?

The rules regarding the time limits for execution were moved to a different law, the Limitation Act of 1963, to consolidate those types of rules.

3. Can I use Section 48 to stop an old decree from being executed?

No, you must look at the rules in the Limitation Act, 1963, because Section 48 of the Code is no longer active law.

Test yourself

1.What happened to Section 48 of The Code of Civil Procedure, 1908?

2.Is Section 48 of The Code of Civil Procedure, 1908, still a source of law for execution time limits?

3.Which law took over the subject matter of Section 48 of the 1908 Act?

4.When did the repeal of Section 48 of The Code of Civil Procedure, 1908, come into force?

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