Thereafter the decree holder respondent applied to the Bombay High Court for transferring the decree to Goa Court for execution.
From the judgment and order dated the 28th June, 1967 of the Judicial Commissioners Court of Goa, Daman and Diu in Civil Appeal No.
On February 24, 1967 the judgment debtor appellant filed his reply.
Accordingly the Additional Judicial Commissioner by its order dated June 28, 1967 held that the decree was executable and he accordingly remitted the case to the Executing Court for proceeding in accordance with the law.
This prayer was allowed by the Bombay High Court and by its order dated August 28, 1963 the decree was transferred 11 390 SCI/76 to the Goa Court for execution, In pursuance of the order of the Bombay High Court the decree holder filed an execution suit before the Executing Court at Panjim on January 21, 1964.
On December 20, 1961 Goa became a part of India and was made a Union Territory of India by the Constitution Twelfth Amendment Act, 1962 passed on March 27, 1962.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Thereafter the decree holder filed a memo of appeal before the Additional Judicial Commissioner on June 1, 1965 and the appeal was admitted on June 5, 1965.
While the appeal was pending before the Additional Judicial Commissioner the Code of Civil Procedure was extended to Goa on June 15, 1966.
N. Lokur and A. G. Ratnaparkhi for the appellant.
203 of 1956 against the appellant judgment debtor for recovery of certain amount of money.
V. Patel and P. N. Bhardwaj for the respondent.
The Bombay High Court passed a decree for Rs.
909 of 1968.
105 of 1965 .
The decree holder respondent had brought a suit on the original side of the Bombay High Court being Suit No.
In the suit brought by the decree holder respondent summons were served on the defendant judgment debtor who filed his written statement and thereafter absented himself and did number take any part in the proceedings of the Court.
The Judgment of the Court was delivered by FAZAL ALI, J. This is a judgment debtors appeal on a certificate of fitness granted by the Additional Judicial Commissioner, Goa, Daman Diu and arises under the following circumstances.
65,953.79 on June 29, 1960.
