PRAVIN R GEGLANI Vs. BEHARILAL BENIPRASAD PVT LTD

JUDGEMENT

(1.) This is an appeal by the original plaintiff in suit No. 172 of 1970 on the file of the Supreme Court of Aden, against the order of the learned Judge of the City Civil Court at Bombay dated 6th April 1976 by which he set aside his own order dated 17th February, 1976, making the notice under Order 21, R. 22 of the Civil P. C. absolute.

(2.) Briefly stated the facts giving rise to this appeal are these: It appears that the plaintiff filed a suit against the defendants in the Supreme Court at Aden. After serving the defendants an ex parte decree was passed. The plaintiff had claimed an amount of Y. D. 423 i.e. about Rs. 10,000/- and he got an ex parte decree for Y. D. 390 equivalent to Rupees 9080/-, After securing the certified copy of the decree passed by the Supreme Court at Aden, the plaintiff filed the certified copy of the decree in the City Civil Court and sought for its execution.

(3.) A notice under Order 21, Rule 22, having been issued the same was resisted by the defendants-respondents on several grounds. None of those grounds found favour with the learned Judge with the result he made the notice under Order 21, Rule 22 absolute by his order dated 17th February 1976.