Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----Ss. 14-A & O.XXI, R.23-A---Execution of decree passed by Court in the United Kingdom---Deposit of decretal amount---Objection to the execution--­Furnishing of security by the objector---Necessity---Provisions of O.YXI, R,23-A, C.P.C. do not apply to foreign decrees or s sought to be executed under S.44-A, C.P.C.---Mere non-furnishing of security would not bar the entertainment of objections to execution. Abdul Malik Badaruddin v. Gors Venor Casino Limited PLD 1993 Kar. 449 fol. (b) Private International Law----- ---Execution of decree passed by the Court in Britain---Foreign , action on---Scope---Action on the basis of a foreign could only be maintained if the defendant in the was a resident or at least physically present in the foreign country at the time of commencement of proceedings or had submitted to or agreed to submit to the jurisdiction of such foreign Court---Mere fact that the cause of action had accrued within the jurisdiction of such Court would not confer competence upon such Court in an International, sense so as to make its recognizable and enforceable---When the question of amenability of a non-resident foreigner to the jurisdiction of the Court of a particular country was involved the matter had to be examined from an International Law perspective. Sardar Gurdyal Singh v. The Raja of Farid Kot 1894 AC 670 and Emanuel v. Symon (1908) 1 KB 302 fol. Abdul Malik Badaruddin v. Gors Venor Casino Limited PLD 1993 Kar. 449; Sardar Gurdyal Singh v. The Raja of Farid Kot 1894 AC 670; Swindells and Sons v. Haji Muhammad Abdullah PLD 1957 Kar. 933; Ghulam Ahmed and others v. Dr. Sarosh Rattanji Wadia PLD 1959 Kar. 624; Fazal Ahmed and others v. Abdul Bari and another PLD 1952 Dacca 152; Cheshire and North's Treatise on Private International Law, 13th Edn., p.420 ref. Brijlal Ramjidas and another v. Govindram Gordhandas Seksaria and others PLD 194-7 PC 150 distinguished. (c) Civil Procedure Code (V of 1908)--- ----Ss. 20---Court can exercise jurisdiction if the cause of action has accrued within its limits irrespective of the residence of the defendant---Court has been left with no discretion and is required…

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