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1984 Supreme(Mad) 543

NAINAR SUNDARAM
Mohammed Abdulla – Appellant
Versus
P. M. Abdul Rahim – Respondent


Advocates Appeared:P. Shanmugam, K. Raghunathan, Advocates.

Judgment :-

This revision raises a very interesting point with regard to the executability of a decree passed by a foreign Court. The decree in question is one passed by the Sessions Judge at Kuala Lampur in the State of Federal Territory, Malaysia, in Civil Action No. 1935 of 1981 on 5-12-1981. The petitioner in this revision is the judgment-debtor and the respondent is the decree-holder. The judgment-debtor opposed the execution of the decree referred to above before the District Judge of East Thanjavur at Nagapattinam, where execution was levied, pleading that the decree is not conclusive and it will come within the exceptions under S.13, sub-cls.(a), (b), (d) and (e) of the C.P.C., hereinafter referred to as the Code. The Court below has not accepted the contentions of the judgment-debtor and has directed the execution to be proceeded with. This revision is directed against the orders of the Court below.

2. Mr. P. Shanmugam, learned counsel for the judgment-debtor, would put forth his contentions under the following heads and I will deal with them one by one. Firstly, it is contended that the foreign judgment is one not pronounced by a Court of competent jurisdiction and hence,















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