LAWS(MPH)-1955-9-12

MANOHAR LAL Vs. RAGHUNATH

Decided On September 16, 1955
MANOHAR LAL Appellant
V/S
RAGHUNATH Respondents

JUDGEMENT

(1.) PLAINTIFFS , who are the sons of Diwon Bahadur Chhajuramji, filed this suit on 14 -3 -1941 for recovery of Rs. 28,000 against the father of Appellant. No. 1 and the rest of the Appellants in the Court of District Judge Ujjain (Gwalior State) on the basis of a foreign judgment obtained by them.

(2.) THE suit was resisted by the Defendants on various grounds and the trial Court framed issues bearing on the questions as to whether the foreign judgment sued upon was ex parte, regarding limitation, as to want of jurisdiction, regarding proceedings being opposed to natural justice and contrary to law in force in Gwaliar State, as to Defendants being agriculturists and the Plaintiff having charged compound interest contrary to law and as to competency of a suit for accounts against Manoharlal Appellant No. 1.

(3.) HE held that the suit for accounts of profits of joint family property was competent against Manoharlal.