FIRM LUNAJI NARAYAN Vs. PURSHOTTAM CHARAN

JUDGEMENT

(1.) THIS judgment will dispose of two appeals viz., Civil Second Appeal No. 291 of 1951 and the other (what is styled as) Civil Miscellaneous Appeal No. 33 of 1950 as in both the aforesaid cases the same question of law is involved viz., whether it is competent for the Courts in Madhya Bharat to execute decrees passed, exparte by Courts outside Madhya Bharat but within the territories of India.

(2.) ON 30 -11 -1949, a decree was obtained by the Respondent Purshottam Saran, resident of Muradabad in U.P., against the Appellants who is a Firm owned by Mishrimal and his son Sohanlal of Ratlam (Madhya Bharat) in the Court of Munsiff Muradabad for Rs. 2400/ -. This was obtained exparte.

(3.) ON the basil of this transfer certificate, the decree -holder applied for execution on 8 -2 -1951 in the Court of Civil Judge Ratlam in Execution Case No. 20 of 1951 and prayed for attachment and sale of the properties of the judgment -debtors.