Meerapullailebbe vs Noohoolebbe – clr volume 3 page 032

In the case between MEERAPULLAILEBBE (Plaintiff) and NOOHOO-LEBBE (Defendant), the court addressed whether a foreign judgment obtained by the plaintiff in a district court in India for a liquidated sum could be enforced under Chapter liii of the Civil Procedure Code, specifically within sections 703, 704, and 705. It was held that the recoverability of such a debt under summary procedure hinged on statutory interpretation, and that procedural irregularities in the form and issuance of summons under the summary procedure provisions materially affected the validity of the proceedings. The findings relied on analysis of the relevant statutory sections and requirements for summary process, emphasizing that the statutory summary procedure is limited to claims arising from specified instruments