Judgment

FAZL ALI J. :- This is a judgment-debtors appeal on a certificate of fitness granted by the Additional Judicial Commissioner, Goa, Daman and Diu and arises under the following circumstances.

2. The decree-holder/respondent had brought a suit on the original side of the Bombay High Court being Suit No. 203 of 1955 against the appellant/judgment-debtor for recovery of certain amount of money. The Bombay High Court passed a decree for Rs. 65,953.79 on June 29, 1960. In the suit brought by the decree-holder/respondent summons was served on the defendant/judgment debtor who filed his written statement and thereafter absented himself and did not take any part in the proceedings of the Court. On December 20, 1961, Goa became a part of India and was made a Union Territory of India by the Constitution (Twelfth Amendment) Act, 1962 passed on March 27, 1962. Thereafter the decree-holder/respondent applied to the Bombay High Court for transferring the decree to Goa Court for execution. This prayer was allowed by the Bombay High Court and by its order dated August 28, 1963, the decree was transferred to the Goa Court for execution. In pursuance of the order of the Bombay High Court the d