1959 Supreme(Bom) 83

IN THE HIGH COURT OF BOMBAY
Desai K.K., J.
Appellants: Morlays (BHam) Ltd.
Vs.
Respondent: Roshanlal Ramsahai and Anr.
O.C.J. Application for execution in Queens Bench Division M. No. 2813 of 1957
Decided On: 07.08.1959
Counsels:
For Appellant/Petitioner/Plaintiff: Parpia and Iranf, Advs.
For Respondents/Defendant: R.J. Joshi and M.P. Laud, Advs.

The interpretation of 'as if' in Section 44-A Civil P. C. and the consideration of sub-section (3) in the interpretation.

Headnote:

Section 44-A Civil P. C. - Interpretation of 'as if' - The court held that the contention that the decree in favor of the Plaintiffs must be treated as having been passed by the Court and consequently held to have been passed by a court of competent jurisdiction is contrary to the provisions in sub-section (3) and the words 'as if' have no wider meaning. The court also referred to previous decisions regarding recognition of foreign judgments.

Fact of the Case:

Mr. Parpia contended that the decree in favor of the Plaintiffs must be treated as having been passed by the Court and held to have been passed by a court of competent jurisdiction. The court held this contention to be contrary to the provisions in sub-section (3) and dismissed the execution.

Finding of the Court:

The court found that the contention regarding the interpretation of 'as if' was contrary to the provisions in sub-section (3) and referred to previous decisions regarding recognition of foreign judgments.

Issues: Interpretation of 'as if' in Section 44-A Civil P. C.

Ratio Decidendi: The words 'as if' have no wider meaning as suggested and the provisions in sub-section (3) must be considered in the interpretation.

Final Decision: Execution dismissed.