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february 1971

Supreme Court of India · 1971-02-23

LALJI RAJA & SONS. vs FIRM HANSRAJ NATHURAM

Citation / case number
SC 1966/60040
Court
Supreme Court of India
Petitioner
LALJI RAJA & SONS.
Respondent
FIRM HANSRAJ NATHURAM
Bench
SIKRI, S.M. (CJ),MITTER, G.K.,HEGDE, K.S.,REDDY, P. JAGANMOHAN,BHARGAVA, VISHISHTHA

Judgment text excerpt

The Supreme Court held that the decree under execution was not a foreign decree as defined under Section 2(5) of the Code of Civil Procedure, 1908, post-amendment in 1951, which specifies that a foreign court is one outside India not established by the Central Government. The Court ruled that the Bankura Court could not be considered a foreign court, thus the judgment-debtors could not invoke Section 13(b) or Section 13(d) to contest the decree's execution. The appeal was allowed, restoring the execution order of the Additional District Judge, Morena.

LALJI RAJA & SONS. vs FIRM HANSRAJ NATHURAM · Niyam