Answering the application for execution shall not be supported according to law.
(1987 August 25th [1987] Minta Zi No.20)
Anhui Higher People's Court:
Your request for instructions on Huang Renyi's and Zhang Zongming's application for the execution of housing sales (No.8 (86)) has been received.
According to the report of your hospital, in the case of the house purchase dispute between Wu Faliang (deceased), the husband of Huang Renyi, the executor of the application, and Zhang Zongming and Zhang Defu (deceased), since the judgment of the People's Court of northern Anhui came into effect in the early days of liberation, Zhang Zongming and his son have never fulfilled their obligations according to the judgment because they have no financial ability, and Wu Faliang has never exercised the right to apply for execution. After many years, Huang Renyi, his wife, applied to Hefei Intermediate People's Court on June 1984+00, asking the court to enforce Zhang Zongming according to the original judgment.
After research, we agree with the opinion of the judicial committee of your hospital. The case has been judged as final for more than 30 years, and the plaintiff Wu Faliang has never applied to the people's court for enforcement. Huang Renyi, the plaintiff's wife, applied for execution two years after the promulgation and implementation of China's Civil Procedure Law (Trial). According to the provisions of Article 169 of the Law, the statutory time limit for applying for enforcement has expired. After the promulgation of the Civil Procedure Law, if Huang Renyi applies for execution without justifiable reasons, the people's court shall not support it according to law.