Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Execution Debtor Submitting to jurisdiction of court Decree if executable against him. Foreign Decree |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Foreign Decree—Execution—Judgment—Debtor Submitting to jurisdiction of court— Decree if executable against him.The High Court of Bombay passed a decree against three defendants who were resident of the former state of Hyderabad. Before it was passed the appellant had applied for leave to defend which was conditionally granted and on his failure an ex-parte decree was passed. The appellant did not file any written statement. On transfer, the respondent took out execution in the Court of District Judge, Bhir, to which the appellant object on the ground inter-alia, that the decree was a foreign decree and could not be executed: in the Court at Bhir, which being overruled, an appeal was taken to the High Court and the High Court dismissed the appeal on the ground that the appellant had submitted to the jurisdiction of the Bombay High Court.Held, that a person who appeared in obedience to the process of a foreign Court and applied for leave to defend the suit without challenging the jurisdiction of the Court must be held to have voluntarily submitted to the jurisdiction of such Court and therefore this decree did not suffer from any defect which a foreign decree would suffer without such submission. Held, further, that as the Code of Civil Procedure was made applicable to Hyderabad State when order of transfer was made, the decree could be executed there. |
Judge | Hon'ble Mr. Justice J. L. Kapur |
Neutral Citation | 1962 INSC 177 |
Petitioner | Shaligram |
Respondent | Daulat Ram |
SCR | [1963] 2 S.C.R. 574 |
Judgement Date | 1962-04-30 |
Case Number | 225 |
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