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january 1976

Supreme Court of India · 1976-01-16

NARHARI SHIVRAM SHET NARVEKAR vs PANNALAL UMEDIRAM

Citation / case number
SC 1968/60236
Court
Supreme Court of India
Petitioner
NARHARI SHIVRAM SHET NARVEKAR
Respondent
PANNALAL UMEDIRAM
Author
SYED MURTAZA FAZALALI
Bench
SYED MURTAZA FAZALALI

Judgment text excerpt

The Supreme Court held that a decree from a foreign court is not a nullity if the party has appeared before it, referencing Article 261(3) of the Constitution. The Court dismissed the appeal of the judgment-debtor, affirming that the decree passed by the Bombay High Court was executable in Goa after the extension of the Code of Civil Procedure. The Court distinguished prior cases and established that the right to execute a decree is procedural and does not constitute a vested right.

NARHARI SHIVRAM SHET NARVEKAR vs PANNALAL UMEDIRAM · Niyam