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2001 (5) TMI 962

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..... , USA. The facts are mentioned in detail in the plaint as per which dispute arose between the parties which led the plaintiff to file the Suit in the aforesaid Court of California, USA and it resulted in the passing of Judgment and decree dated 4th January, 1994. Copy of the decree sheet has been annexed with the plaint as per which a decree for US $20,000 as principal, and cost as per filed memor .....

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..... s or between the parties under whom they or any of them claim litigating under the same title. It has been held in the case of Roshanial Nuthiala and others versus R.B. Mohan Singh Oberai reported in AIR 1975 SC 824 as well as in the case of Ganguli Engineering Limited versus Sm. Sushila Bala Dasi and another reported in AIR 1957 Calcutta 103 that foreign judgment is conclusive under Section 13 of .....

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..... and there is no challenge to the decree on any of the grounds mentioned in Section 13 of the Code of Civil Procedure, the present Suit has to be decreed. A decree in the sum of ₹ 7,84,000/~ with interest @ 15% per annum on the sum of ₹ 6,40,000/- from the date of institution of the Suit till payment of the decretal amount is hereby passed. The plaintiff shall also be entitled to cost. .....

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