Transfer of Execution Petitions Where Limitation is Affected: Special Applicability Under Section 24 of the Civil Procedure Code, 1908

Charisma Mariam Appachankutty

Abstract: Execution proceedings form the backbone of civil adjudication by ensuring that judicial determinations are effectively enforced. Despite the successful culmination of a civil suit, decree-holders frequently encounter procedural resistance at the execution stage, particularly in the form of limitation objections. In response, parties often seek transfer of execution petitions under Section 24 of the Code of Civil Procedure, 1908 contending that such transfer would better serve the ends of justice. This paper examines the legal permissibility and doctrinal limits of transferring execution petitions that are affected by limitation. It critically analyses the scope of Section 24 CPC, its applicability to execution proceedings, and its interaction with the Limitation Act, 1963. Through statutory interpretation and judicial precedent, the paper argues that while execution petitions qualify as ?other proceedings? under Section 24 CPC and may be transferred in appropriate cases, the power of transfer is purely procedural and cannot be employed to revive, validate, or cure limitation-barred execution petitions.

Keywords: Execution Petition, Limitation, Section 24 CPC, Transfer of Proceedings, Order XXI CPC, Decree Enforcement, Civil Procedure

How to Cite?: Charisma Mariam Appachankutty, "Transfer of Execution Petitions Where Limitation is Affected: Special Applicability Under Section 24 of the Civil Procedure Code, 1908", Volume 14 Issue 12, December 2025, International Journal of Science and Research (IJSR), Pages: 2215-2216, https://www.ijsr.net/getabstract.php?paperid=SR251226203331, DOI: https://dx.doi.org/10.21275/SR251226203331