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1992 Supreme(P&H) 1102

G.C.GARG
Gurdas Mann – Appellant
Versus
Mohinder Singh Brar – Respondent


Judgment

1. This revision is directed against the order of the executing court, dated 20/09/1990, whereby the objection petition under Sec. 47 of the Civil P.C. (for short the Code), filed by the petitioners, against the execution of a decree granted by the Supreme Court of Ontario, has been dismissed holding that the decree was on merits and, therefore, executable.

2. The decree-holder took out the execution of decree dated 18/04/1985 passed by the Supreme Court of Ontario in Canada by filing an execution application in the District Courts at Chandigarh. The judgement-debtors by way of an objection petition contended that the judgement and decree dated 18/04/1985 passed by the Supreme Court of Ontario was not executable in India, therefore, the court had no jurisdiction to proceed with the execution thereof. The precise objection was that the decree had not been given on the merits of the case and was thus, not executable. The other objections taken in the objection petition are no longer in dispute. As already noticed, the objections to the execution of the decree were dismissed by the executing Court holding that it could not be said that the decree in question had not been given


















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