Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure lf executable Execution of Decree Foreign decree |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Execution of Decree—Transfer to a court where Indian Code of Civil Procedure not extended - lf executable— Foreign decree—Foreigners Act, 1946 (31 of 1946), s. 2(a) (iii) —Code of Civil Procedure (Act V of 1908), ss. 38, 39, 43, 44.A decree passed in favour of the respondent by a Subordinate Judge of West Bengal was transferred for execution on August 28, 1950 to the Court of the Additional District Judge of Morena in what was originally Gwalior State and subsequently became a part of the United States of Madhya Bharat and after the Constitution State of Madhya Bharat. On the date when the decree was transferred, the Courts in Madhya Bharat were governed by the Indian Code of Civil Procedure as adapted by the Madhya Bharat Adaptation Order of 1948 but the power of transfer by the Court of Bankura was governed by ss. 38 and 39 of the Indian Code of Civil Procedure. On the judgment debtor’s objection the - application for execution was dismissed but the appeal against that order was allowed by the High Court. The appellant contended that the Court had no power to transfer the decree under s. 38 to the Court in Morena. The question was with regard to the applicability of the Indian Code of Civil Procedure and whether the decree sought to be executed was a decree of a foreign Court or not. Held, that the Court at Morena not being a court, to which Indian Civil Procedure Code applied, the decree could not be transferred to it under the Indian Code of Procedure and ss. 38 and 39 were inapplicable to justify such a transfer. The Indian Civil Procedure Code was not extended to Madhya Bharat till April 1, 1951, by the Act 2 of 1951. The decrees of foreign courts were under the Gwalior Court of which Morena was a part, not executable under s. 233 which required a suit to be brought on the basis of foreign deeree under not the Madhya Bharat Court of Civil Procedure, Held, further, that the Foreigners Act is not relevant for the purpose of finding out whether the decree was a foreign decree or not because the execution of decree is governed by the provisions of the Code of Civil Procedure and not by Foreigners Act. A section of an enactment has to be interpreted as it is and a Court cannot read it as if its language was different from what it actually is. |
Judge | Hon'ble Mr. Justice J. L. Kapur |
Neutral Citation | 1962 INSC 179 |
Petitioner | Hansraj Nathu Ram |
Respondent | Lalji Raja & Sons Of Bankura |
SCR | [1963] 2 S.C.R. 619 |
Judgement Date | 1962-04-30 |
Case Number | 173 |
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