MALOJI RAO NARSINGH RAO Vs. SANKAR SARAN

JUDGEMENT

(1.) ON 15-5-1947 Brigadier-General Raj-Rajendra Sardar Maloji Rao Narsingh Rao Shitole instituted a suit in the Court of the District Judge of Gwalior for the recovery of a sum of Rs. 6,92,236-15-0, It was alleged that the late Munshi Iswar Saran of Allahabad had been his agent for a certain purpose and had died without rendering account. His three sons were impleaded as defendants and a decree for the above sum was sought against them. Summonses were served on the defendants on 18-11-1947, but none of them put in appearance in the Gwalior court. An 'ex parte' decree was passed against them on 18-11-1948.

(2.) ON 14-9-1951 the District Judge of Gwalior transferred the decree to the District Judge of allahabad for execution. On 16-10-1951 an execution application was presented in the court of the Civil Judge at Allahabad for the recovery of a sum of Rs. 8,98,257-7-0 by attachment and sale of certain items of immoveable property situate at Allahabad.

(3.) THE defendants filed an objection on 8-2-1952 in the court of the Civil Judge at Allahabad. They contended that the court of the District Judge of Gwalior was a "foreign court" and its judgment was a "foreign judgment". They pleaded that they had never submitted to the jurisdiction of the District Judge of Gwalior and the said judge was therefore not competent to pass a decree against them and the decree was consequently not executable. Lastly, it was pleaded that the property sought to be attached did not form part of the assets of the late Munshi iswar Saran.