B. NEMICHAND SOWCAR Vs. Y.V. RAO

JUDGEMENT

(1.) THIS appeal arises out of a petition under Sections 13, 47 and 151 of the Civil Procedure Code in Suit No. 15 of 1939 -40, Sub -Court, Kolar. That suit was decreed in circumstances which disregard the provisions of Section 13(b), Civil Procedure Code, in that the decree was not given on the merits of the case.

(2.) IT is unnecessary to go into the background of the disputes between the parties. It is enough to say that the appellant and the respondent were interested one way or another, in certain cinema machinery and accessories. After disputes had arisen as to the ownership of these goods, it appears that the respondent took them into the State of Mysore, where, according to him, the goods passed into the possession or ownership of another person, one Kanduri Lakshmayya. The appellant there filed a suit against the respondent and K. Lakshmayya. There can be no doubt that the respondent submitted to the jurisdiction of the Kolar Court. His written statement and other documents said in effect that he was no longer in possession of the goods and that they were in the possession of the second defendant. The second defendant in his turn said that some, at any rate, of the goods remained in the possession of the first defendant.

(3.) IN due course the plaintiff attempted to execute this decree within the jurisdiction of this Court. The first defendant objected and successfully in both the lower Courts that the decree was not given on the merits of the case. Hence this appeal by the plaintiff -decree -holder.