Execution barred in certain cases

Execution barred in certain cases.-(1) Where an application to execute a decree not being a decree granting an injunction has been made, no order for the execution of the same decree shall be made upon any fresh application presented after the expiration of twelve years from-

1. (a) the date of the decree sought to be executed, or
2. (b) where the decree or any subsequent order directs any payment of money or the delivery of any property to be made at a certain date or at recurring periods, the date of the default in making the payment or delivery in respect of which the applicant seeks to execute the decree.

1. (2) Nothing in this section shall be deemed-
   • (a) to preclude the Court from ordering the execution of a decree upon an application presented after the expiration of the said term of twelve years, where the judgment-debtor has, by fraud or force, prevented the execution of the decree at some time within twelve years immediately before the date of the application;
   • (b) Omitted. Exception.-In application for execution of a decree against an evacuee, whether passed singly against him or jointly with a person other than an evacuee, the period from 6th Poh 2005 to 21st Bhadun, 2006 and the time during which the Jammu and Kashmir Evacuees' (Administration of Property) Act, Svt. 2006 remains in force shall be excluded from the period of twelve years prescribed in this section.