ARCHEAN GRANITES PVT LTD Vs. GAGRAT GARDI AND CO

JUDGEMENT

(1.) THE revision arises against the order dated 22.4.2002 made by the Ninth Assistant Judge (Tenth Assistant Judge In Charge), City Civil Court, Chennai in E.P. No. 56 of 201 in Queen's Bench Division England G. No. 1/1995 by passing an order in favour of the decree holder by allowing execution petition. As against the same, the judgment debtor preferred this revision petition by contending that since the foreign judgment was the one not passed on merits, it will be covered under Section 13 (b) of the CODE OF CIVIL PROCEDURE, 1908 despite the procedure mentioned under Section 44 A of the CODE OF CIVIL PROCEDURE, 1908.

(2.) IT is true that Section 44A of the CODE OF CIVIL PROCEDURE, 1908 deals with the execution of the decrees passed by the Courts in reciprocating territory. Explanation (1) to Section 44A of the CODE OF CIVIL PROCEDURE, 1908 provides that the reciprocating territory means any country or territory outside India which the Central Government may, by notification in the Official Gazatte, declare to be a reciprocating territory for the purposes of this section.

(3.) SO far as Section 44A of the CODE OF CIVIL PROCEDURE, 1908 is concerned, it was observed in the "case of M.V.Al Quamar v. TSA Vlris Salvage (International) Ltd., and others (2000 VIII SCC 278) that the above section is a departure from the scheme of execution of domestic decree and by virtue of Section 44A (3) of the CODE OF CIVIL PROCEDURE, 1908, all defences under Sections 13 (a) to (f) are available to a defendant. In paragraph 60(5), it has been observed as follows: