ROSHANLAL KUTHIALA & ORS. vs R.B. MOHAN SINGH OBERAI

The Supreme Court held that the enforcement of a foreign decree requires a suit under Sections 9 and 13 of the Civil Procedure Code. The Court rejected the appellant's contention that the decree had vested in the Custodian under the Pakistan Ordinance of 1949, affirming the respondent's right to recover based on the foreign judgment. The Court also ruled that the suit was not barred by limitation under Article 117 of the Indian Limitation Act, 1908, as the period for enforcement had not expired due to the ongoing deposit in court.