VARIATHU AUGUSTHI Vs. SUBRAMONIA IYER SESHA IYER

JUDGEMENT

(1.) This second appeal questions the executability of the ex parte decree in O. S. No. 421 of 1950 of the Munsiffs Court of Palghat in the Court of the District Munsiff at Perumbavoor. The suit was instituted in the Palghat Court on 7-11-1950 and decreed on 3-1-1951. The execution application concerned is E. P. No. 599 of 1951 dated 20-11-1951.

(2.) The contention of the appellant (defendant) is that the Munsiffs Court of Palghat should be considered a foreign Court and that when so considered the decree is incapable of execution by the Munsiffs Court at Perumbavoor on the basis of the well known canon of Private International Law which was summarised as follows in Gurdyal Singh v. Rajah of Faridkot XXI I.A. 171:

(3.) It is agreed and quite correctly, that the material date is the date of the decree and not the date on which execution is sought (see Vareed v. Gopal Bai Patel 1954 KLT 188 .) On the date of the decree, the Travancore Code of Civil Procedure, 1100 (M.E.), was still in force and S.2 of that Code defined the expressions foreign Court and foreign judgment as follows: