NARHARI SHIVRAM SHET NARVEKAR versus PANNALAL UMEDIRAM

NARHARI SHIVRAM SHET NARVEKAR versus PANNALAL UMEDIRAM

A decree passed by the Bombay High Court when Goa was not a part of India and C.P.C. was not applicable there is not a foreign decree or nullity if the judgment-debtor participated in proceedings. The decree became executable in Goa once the Code of Civil Procedure was extended to Goa during the pendency of the appeal, and Article 261(3) of the Constitution mandated such enforceability. No vested right to resist execution on ground of prior local law accrues to the judgment-debtor. The removal of the legal bar (application of C.P.C. to Goa) rendered the decree executable, and the doctrine of eclipse applied.

Parties
Appellant/judgment Debtor: Narhari Shivram Shet Narvekar; Respondent/decree Holder: Pannalal Umediram
Jurisdiction
India
Judgment Date
16 January 1976
Procedural Posture
Civil Appeal / Supreme Court Appeal From Order of Additional Judicial Commissioner's Court, Goa, Daman and Diu
Outcome
Appeal dismissed
Legal Topics
Execution of Decrees, Foreign Judgments, Territorial Application of Law, Vested Rights, Transition of Territories
Civil Procedure Constitutional Law Execution of Decrees Foreign Judgments Territorial Application of Law Vested Rights Transition of Territories

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Narhari Shivram Shet Narvekar

Appellant/judgment Debtor

Pannalal Umediram

Respondent/decree Holder

Procedural Posture

Civil Appeal / Supreme Court Appeal From Order of Additional Judicial Commissioner's Court, Goa, Daman and Diu

Legal Issues

  1. 1 Whether the decree of the Bombay High Court was a 'foreign decree' with respect to Goa and thus a nullity or inexecutable.
  2. 2 Whether the application of the Code of Civil Procedure to Goa post-facto validated the execution proceedings.
  3. 3 Whether the judgment-debtor acquired a vested right to resist execution due to prior non-applicability of the C.P.C. in Goa.

Ratio Decidendi

A decree passed by the Bombay High Court when Goa was not a part of India and C.P.C. was not applicable there is not a foreign decree or nullity if the judgment-debtor participated in proceedings. The decree became executable in Goa once the Code of Civil Procedure was extended to Goa during the pendency of the appeal, and Article 261(3) of the Constitution mandated such enforceability. No vested right to resist execution on ground of prior local law accrues to the judgment-debtor. The removal of the legal bar (application of C.P.C. to Goa) rendered the decree executable, and the doctrine of eclipse applied.

Court Disposition

Appeal dismissed

Orders

  • The decree passed by the Bombay High Court is executable in Goa.
  • Executing Court to proceed in accordance with law as directed by the Additional Judicial Commissioner.