GURDAS MANN Vs. MOHINDER SINGH BRAR

JUDGEMENT

(1.) This revision is directed against the order of the executing court, dated 20/09/1990, whereby the objection petition under Section 47 of the Civil P.C. (for short the Code), filed by the petitioners, against the execution of a decree granted by the Supreme Court of Ontario, has been dismissed holding that the decree was on merits and, therefore, executable.

(2.) The decree-holder took out the execution of decree dated 18/04/1985 passed by the Supreme Court of Ontario in Canada by filing an execution application in the District Courts at Chandigarh. The judgement-debtors by way of an objection petition contended that the judgement and decree dated 18/04/1985 passed by the Supreme Court of Ontario was not executable in India, therefore, the court had no jurisdiction to proceed with the execution thereof. The precise objection was that the decree had not been given on the merits of the case and was thus, not executable. The other objections taken in the objection petition are no longer in dispute. As already noticed, the objections to the execution of the decree were dismissed by the executing Court holding that it could not be said that the decree in question had not been given on the merits of the case.

(3.) The parties are not at issue that the decree sought to be executed and passed by the Supreme Court is by a Court having reciprocating territory within the meaning of S. 44-A of the Code. S. 44-A, inter alia, provides for execution of decrees passed by the superior Courts in reciprocating territories. Sub-Section (1) of S. 44-A of the Code clearly provides that where a certified copy of a decree of a superior Court of any reciprocating territory has been filed in the District Court, the same shall be executed as if it is a decree passed by the District Court. Sub-Sec. (3) of S. 44-A provides that the provisions of S. 47 shall as from the filing of the certified copy of the decree apply to the proceedings of a District Court executing a decree under this Section, and the District Court shall refuse execution of any such decree, if it is shown to the satisfaction of the Court that the decree falls within any of the exceptions specified in clauses (a) to (f) of S. 13 of the Code.