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1949 Supreme(Mad) 352

RAGHAVA RAO
Messrs. Golden Knitting Co. , Devangapuram, Tirupur – Appellant
Versus
Messrs. Mural Traders (India) in Sind Market, Karachi. – Respondent


Advocates:
S. Sitarama Aiyar and S. Rajarama Iyer for Appellant.
C. Pattabhiraman and R. Ramasubbu Iyer for Respondent.

Judgment

The question in this case is whether the District Court of Coimbatore in the Dominion of India has power to execute, after the 15th August, 1947, a decree passed by the Court of Small Causes at Karachi in the Dominion of Pakistan prior to that date and transmitted for execution after that date by that court to the District Court of Coimbatore. The learned District Judge in the Court below held that he had the power. The learned District Judge is obviously wrong. After the appointed day the judgment of the Court at Karachi passed before then became a foreign judgment in respect of which execution could only be had if the territory in which the decree in question was passed has become, by an arrangement between the two Dominions, a reciprocating territory within the meaning of section 44-A of the Civil Procedure Code. The precise point now arising for decision has been decided by a Bench of the High Court of Calcutta composed of Mookerjee and Chunder, JJ., in a case reported in Dominion of India v. Hiralal1. It has been, after a careful consideration of the relevant provisions of the Indian Independence Act and the Code of Civil Procedure, there ruled that in circumstances li


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