UTHAMRAM Vs. K M ABDUL KASIM CO

JUDGEMENT

(1.) THIS is an appeal against the order of the learned District Judge of West Tanjore dismissing an applicationfiled Under Section 44-A C. P. C. by the appellant for executionof a judgment obtained by him in a foreign Court, the High Court of the colony of Singapore. On 2nd October 1993, the Court entered judgment in favour of the appellant against the respondent firm, which was doing business* in singapore for a sum of l, 60, 408-84 dollars, inclusive of costs. 3y a supplemental judgment delivered on 23th May 1954, a quondam partner of the respondent firm one Mohammad Ismail, was also held liable for the entire amount. It appears that under the rules governing the practice of that court, no formal decree on the basis of the judgment is issued for regulating the rights of parties. If execution were to be levied of a judgment entered up for payment of money a copy of the judgment alone is filed. Where the decree-holder obtains part-satisfaction there is no procedure for recording such part-satisfaction in Court. He merely applies to the sheriff for execution for the balance" of the amount due.

(2.) IN the present case, various payments, in an amounting to 16000 dollars are acknowledged to have been made to the decree-holder, the last of them being by a cheque for 1000 dollars made out in favour of the appellant by Mohammad ismail on 13th August 1955; that was realised1 two days later.

(3.) IT appears there were other amounts due to the appellant from the respondent. The former applied on 4th October 1958 to the High Court at Singapore to nave K. M. Abdul Kasim Rowther, the other partner of the firm, adjudged bankrupt. By an order, dated 31st October 1958, the High Court of Singapore adjudged him as such, notwithstanding the fact that no notice had been served to him.