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Hukum Chand Aswal Vs. Gyanendra Chunder Lahiri (Minior) by His Guardian Abhai Chunder Bagchi - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
AppellantHukum Chand Aswal
RespondentGyanendra Chunder Lahiri (Minior) by His Guardian Abhai Chunder Bagchi
Excerpt:
foreign court, decree of - execution of decree--jurisdiction--court of cooch behar, decree of. - .....against the decisions of the lower courts passed in execution of a decree which was transferred from the civil court in cooch behar.2. the lower courts have decided that the decree is barred by limitation, but we are of opinion that they had no jurisdiction to execute the decree in question. there is no provision in the code of civil procedure under which a court in british india is competent to execute a decree transferred to it by any court in a native state out of british india.3. that being so, the decree-holder, who is the appellant before us, has mistaken his remedy. the application for execution should have been dismissed on the ground that the courts in british india have no power to execute a decree passed by the courts of a foreign state.4. the appeal will therefore be.....
Judgment:

Mitter, J.

1. This is an appeal against the decisions of the lower Courts passed in execution of a decree which was transferred from the Civil Court in Cooch Behar.

2. The lower Courts have decided that the decree is barred by limitation, but we are of opinion that they had no jurisdiction to execute the decree in question. There is no provision in the Code of Civil Procedure under which a Court in British India is competent to execute a decree transferred to it by any Court in a Native State out of British India.

3. That being so, the decree-holder, who is the appellant before us, has mistaken his remedy. The application for execution should have been dismissed on the ground that the Courts in British India have no power to execute a decree passed by the Courts of a Foreign State.

4. The appeal will therefore be dismissed with costs.


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