Latest JudgementThe Limitation Act, 1963Code of Civil Procedure, 1908

Bhudev Mallick Alias Bhudeb Mallick Vs Ranajit Ghoshal, 2025

Enforcement of decree granting a perpetual injunction and the applicability of limitation

Supreme Court of India·12 February 2025

Court

Supreme Court of India

Date of Decision

12 February 2025

Judges

Justices JB Pardiwala ⦁ R Mahadevan

Citation

Acts / Provisions

Article 136 of the Limitation Act, 1963; Civil Procedure Code (CPC), 1908;

Facts of the Case

In this case, the appellant (Bhudev Mallick) sought the enforcement of a decree granting a perpetual injunction after forty years from the date the decree was passed.
The respondent (Ranajit Ghoshal) argued against the enforcement of the decree, suggesting that the execution should be barred by limitation.
The matter involved the interpretation of whether a perpetual injunction decree can be executed after a long lapse of time, specifically after forty years, and whether any limitation period applied.

Whether the execution of a decree for a perpetual injunction is subject to any limitation period?
Can a decree for a perpetual injunction be enforced after a long lapse of time, such as forty years, in cases where the judgment debtor attempts to disturb the decree holder’s possession?
How should the Court deal with successive breaches of a perpetual injunction decree by the judgment debtor?

The Supreme Court ruled that the execution of a decree for perpetual injunction is not subject to any period of limitation, as explicitly stated in Article 136 of the Limitation Act, 1963.
The Court further held that the decree for a permanent injunction becomes enforceable whenever the judgment debtor attempts to disturb the peaceful possession of the decree holder or creates any obstruction in their peaceful enjoyment of the property.
The Court observed that each breach of the injunction is independent and actionable in law, meaning the judgment debtor can be dealt with for every violation of the decree, and the doctrine of res judicata (a matter already adjudicated cannot be re-litigated) does not apply in cases of successive breaches.
The Court emphasized that the Court should take a strict view and adopt stern action in cases where there is a violation of a perpetual injunction decree.

The Court clarified that there is no limitation for the execution of a decree granting a perpetual injunction, and such decrees can be enforced at any time after they are passed.
The Court ruled that the judgment debtor’s actions, such as attempts to dispossess the decree holder or create obstructions, trigger the enforceability of the decree.
The Court also pointed out that if there are successive breaches of the decree, each breach can be acted upon independently, reinforcing that the doctrine of res judicata does not apply.
The Court stressed that the enforcement of a perpetual injunction decree should be vigorously upheld, with the court taking serious actions against any breach.

The Court’s judgment clears up any ambiguity regarding the applicability of limitation to the enforcement of a perpetual injunction decree, establishing that such decrees are enforceable at any time when the judgment debtor breaches the injunction.
This ruling clarifies that perpetual injunction decrees are not subject to any time constraints, providing greater protection to the decree holder against any future interference with their rights.
This judgment might encourage more vigilance from decree holders to ensure enforcement of their rights in case of future breaches. However, it also places a responsibility on courts to ensure that enforcement is done with careful scrutiny to avoid abuse of the process.
No limitation applies to the execution of a decree granting a perpetual injunction under Article 136 of the Limitation Act.
Successive breaches of a perpetual injunction are independent and actionable.
The Court is expected to adopt a strict approach and take stern actions in case of violations of the decree.
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