Muraleedharan Narikkottu v. Sasikumar Shoban

A. Hariprasad, J.:— Heard the learned counsel for the petitioner. Perused the averments in the petition and the reliefs claimed.

2. Having regard to the reliefs claimed in the petition, I am of the view that no notice need be issued to the respondent before finally disposing of the case.

3. Reliefs claimed in the petition reads thus:

(i) Dismiss E.P No. 147/2015 before the 2nd Additional District Court, Palakkad.

(ii) Set aside the order dated February 4, 2017 passed by the 2 Additional District Court, Palakkad in E.P No. 147/2015.

(iii) Declare that the order obtained by the respondent from the Abu Dhabi Federal Court of 1st instance in case number 294/1996 is not conclusive.

(iv) Pass such other order or direction, which are deemed fit and proper on the facts and circumstances of the case and in the interest of justice.

4. Ext.P1 is the execution petition through which a decree purported to have been passed by Abu Dhabi Federal Court of 1 instance is sought to be enforced. Learned counsel for the petitioner contended that question of maintainability of the execution petition was raised before the court below on many times, but no adjudication had been made thereon.

5. Section 13 CPC deals with the conclusive nature of foreign judgments. It reads thus:

When foreign judgment not conclusive:- A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except -

(a) where it has not been pronounced by a Court of competent jurisdiction;

(b) where it has not been given on the merits of the case;

(c) Where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognise the law of India in cases in which such law is applicable;

(d) where the proceedings in which the judgment was obtained are opposed to natural justice;

(e) where it has been obtained by fraud;

(f) where it sustains a claim founded on a breach of any law in force in India

6. According to the learned counsel for the petitioners, the decree holder has only produced a certified copy of the decree, said to have been passed by the Abu Dhabi Federal Court of 1 instance. Therefore, he could not take a certified copy from the court concerned. Even though the petitioner seeks aforementioned reliefs, I am of the view that the Original Petition can be disposed by directing the court below in the following manner:

The court below shall consider the question as to whether the decree sought to be executed through Ext.P1 execution petition is capable of being executed. Thereafter only, it shall proceed with execution. Until then the entire proceedings in the execution petition shall remain stayed.

7. This Original Petition is disposed of as above.