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Issues Involved
1. Jurisdiction of the City Civil Court to execute a foreign decree. 2. Interpretation of Section 44A of the Civil Procedure Code (CPC). 3. Definition of "District Court" under Section 2(4) of the CPC. 4. Applicability of the Bombay City Civil Court Act, 1948. 5. Precedents from other High Courts regarding similar jurisdictional issues. Detailed Analysis 1. Jurisdiction of the City Civil Court to Execute a Foreign Decree The primary issue is whether the City Civil Court at Bombay has the jurisdiction to execute a decree from the Supreme Court of Aden. The initial order by the City Civil Court making the notice under Order 21, Rule 22 of the CPC absolute was reviewed and set aside on the grounds that only the High Court on its Original Side could execute the decree. This decision was challenged by the plaintiff. 2. Interpretation of Section 44A of the Civil Procedure Code (CPC) Section 44A(1) of the CPC states: "Where a certified copy of a decree of any of the superior Courts of any reciprocating territory has been filed in a District Court, the decree may be executed in India as if it had been passed by the District Court." The Supreme Court of Aden is recognized as a superior court of a reciprocating territory. The dispute revolves around the interpretation of "District Court" in this context. 3. Definition of "District Court" under Section 2(4) of the CPC Section 2(4) of the CPC defines "District" as the local limits of the jurisdiction of a principal Civil Court of original jurisdiction, which includes the local limits of the ordinary original civil jurisdiction of a High Court. The City Civil Court was initially not considered the "District Court" by the learned Judge of the City Civil Court, who contended that the High Court on its Original Side was the principal court of original civil jurisdiction. 4. Applicability of the Bombay City Civil Court Act, 1948 The Bombay City Civil Court Act, 1948, was examined to determine its impact on the jurisdictional issue. Section 3 of the Act establishes the Bombay City Civil Court with jurisdiction over civil suits not exceeding Rs. 10,000, later extended to Rs. 25,000 by a notification dated 20th January 1950. Section 12 of the Act explicitly ousts the jurisdiction of the High Court in matters cognizable by the City Civil Court, except under specific conditions. The combined effect of Sections 3, 4, and 12 of the Act, along with the 1950 notification, is that the Bombay City Civil Court is the principal civil court of original jurisdiction for suits and proceedings of a civil nature not exceeding Rs. 25,000 in value. Therefore, in respect of such matters, the City Civil Court is considered the "District Court" for executing decrees under Section 44A of the CPC. 5. Precedents from Other High Courts The judgment references a Division Bench decision of the Calcutta High Court in Maheshwar Swain v. Bidyut Probha Art Press, AIR 1971 Cal 455, which held that the City Civil Court could be considered the principal civil court of original jurisdiction for certain suits. This supports the view that the City Civil Court can be the "District Court" under Section 44A of the CPC. Another referenced case is from the Madras High Court, Sheik Ali v. Sheik Mohamad, AIR 1967 Mad 45, which focused on the interpretation of "as if it had been passed by the District Court" in Section 44A of the CPC. However, this case was deemed not relevant as it did not address the specific jurisdictional conflict present in the current case. Conclusion The appeal was allowed, and the order of the learned Judge of the City Civil Court dated 6th April 1976, which set aside his earlier order, was itself set aside. The original order dated 17th February 1976, making the notice under Order 21, Rule 22 of the CPC absolute, was restored. The City Civil Court was held to be the "District Court" within the meaning of Section 44A of the CPC, thereby having the jurisdiction to execute the decree in question. The appeal was allowed with costs in both courts.
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