LALJI RAJA & SONS. versus FIRM HANSRAJ NATHURAM
The Bankura Court's decree is not a foreign decree under the Code of Civil Procedure, and thus can be executed in the Morena Court after the Code was extended to the whole of India by the 1951 Amendment. There was no accrued right or privilege preventing execution in the respondent's favour; section 48 is a period of limitation and does not bar execution in this case.
- Parties
- Appellant: Lalji Raja & Sons; Respondent: Firm Hansraj Nathuram
- Jurisdiction
- India
- Judgment Date
- 23 February 1971
- Procedural Posture
- Civil Appeal / Supreme Court Judgment on Appeal by Special Leave
- Outcome
- Appeal allowed
- Legal Topics
- Execution of Decrees, Foreign Judgments, Jurisdiction, Limitation, Res Judicata
Case Brief
Summary, issues, holding and outcome
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Parties
Lalji Raja & Sons
Appellant
Firm Hansraj Nathuram
Respondent
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal by Special Leave
Legal Issues
- 1 Whether the decree under execution is not executable by courts situate in the area comprised in the former State of Madhya Bharat.
- 2 Whether the decree is barred by section 48 of the Code of Civil Procedure.
Ratio Decidendi
The Bankura Court's decree is not a foreign decree under the Code of Civil Procedure, and thus can be executed in the Morena Court after the Code was extended to the whole of India by the 1951 Amendment. There was no accrued right or privilege preventing execution in the respondent's favour; section 48 is a period of limitation and does not bar execution in this case.
Court Disposition
Appeal allowed
Orders
- Order of the High Court set aside.
- Execution of the Bankura decree in Morena Court permitted.
Full Case Text
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