BRAJMOHAN BOSE BENIMADHAV Vs. KISHORILAL KISHANLAL

JUDGEMENT

(1.) THIS is second appeal preferred by the judgment -debtor in execution proceedings and raises an important question of law. The District Judge, Gwalior, and the Civil Judge, First Class, Lashkar, overruled the judgment -debtor's objections that the decree -holder's application for execution should be rejected and so the judgment -debtor has come to this Court in appeal.

(2.) IT appears that the respondent -decree -holder had obtained an ex parte decree on 22 -12 -1941 against the appellant Brajmohan Bose and others in the Court of the Munsiff a Kasganj, in the District of Aligarh, in the State of Uttar Pradesh. The first application for execution in that Court was filed on 13 -12 -1944, the second on 13 -12 -1947, and the third on 7 -12 -1949, and there is no doubt that the third application for execution which is in dispute was filed within time under the provisions of Article 182 (sub -cl. 5) of the Indian Limitation Act.

(3.) FROM the papers on record in the execution Court, it appears, that the application to set aside the ex parte decree was dismissed on 17 -3 -51 in default (Civil Miscellaneous File 210 of 1951). It further appears that the application in the Court of the Munsiff of Kasganj to set aside the ex parte decree was made by the judgment -debtor in 1951 i. e. after the Court had ceased to be a foreign Court qua the Gwalior Court. I do not think, therefore, that the subsequent conduct of the judgment -debtor in approaching the Kasganj Court and asking for setting aside the ex parte decree would be any evidence to show that he had submitted to the jurisdiction of the Kasganj Court before the decree was passed. At any rate I cannot give to his subsequent conduct a retrospective significance.