LAKSHMI ENGINEERING CO Vs. BVENKATASHAMANNA AND

JUDGEMENT

(1.) In this appeal the scope of Article 261(3) of the Constitution of India comes up for consideration. The facts of the case are as follows:

(2.) The appellant (decree-holder) obtained a decree against the respondents in the Court of Small Causes, Ahmedabad in Civil Suit No, 1182/1949. The decree in question was passed on 2-3-1950. It was transferred for execution to the Munsiff, Chitaldrug on 29-11-1950. The present execution case No. 97/53 was filed on 8-3-1953. The judgment-debtors objected to the executability of the decree on the ground that the decree in question is a foreign decree and they had not subjected themselves to the jurisdiction of the Court of Small Causes, Ahmedabad. This contention was repelled by the executing Court. But the learned Subordinate Judge, Chitaldrug, accepted the same in R.A. No, 61/53. The correctness of the said decision is challenged before me.

(3.) Article 261(3) of the Constitution reads as follows: