BABOOSINGH ONKAR SINGH Vs. BHAGWANJI TEJMAL

JUDGEMENT

(1.) THIS second appeal arises out of execution proceedings and raises the question regarding competency of execution of an ex parte decree passed by the Bombay high Court as a Court in British India against the defendants who were residing in the State of Barwani which was one of the Indian Princely States.

(2.) THE Court of first instance held such a petition incompetent. But on appeal the learned District Judge Nimar-Barwani reversed that decision and held it to be competeat. This is a judgment-debtors' second appeal.

(3.) MATERIAL facts necessary for consideration of this question are as follows: m/s. Bhagwanji Tejmal of Bombay obtained an ex parte decree from the original side of the Bombay High Court against the appellants in Civil original Suit No. 55 of 1943 for Rs. 4761-7-0 inclusive of costs of 22nd of June 1943. The decretal amount carried interest at Annas eight per cent per month from the date of the decree till realisation.