RATANLAL Vs. DHOLPUR GLASS WORKS LTD

JUDGEMENT

(1.) THIS is a miscellaneous civil second appeal.

(2.) A suit was filed by Ratanlal against the Dholpur Glass Works Ltd. Dholpur, in the court of the Munsiff, Allahabad West, on the 3rd of November, 1950, for an amount of Rs. 1160/6/- for balance of the price of the goods sold. The defendant did not appear before the court and an ex-parte decree was granted on the 2nd of April, 1951. Under 0. 21 R. 6, the decree was transferred for execution to the court of the Munsif, Dholpur, through District Judge of Bharatpur. An objection was then raised by the judgment-debtor that the decree was null and void on the ground that Munsiff of Allahabad had no jurisdiction to entertain the suit as the defendant resided at Dholpur and as the cause of action also arose there. The learned Munsiff of Dholpur accepted the objection and held that the decree was incapable of execution being a decree passed by a court having no jurisdiction to grant it. The decree-holder went in appeal to the court of the Civil Judge, Dholpur,who confirmed the decision of the first court. He has now come in second appeal to this Court. It has been urged on behalf of the appellant that the courts below were wrong in holding that the execution court had jurisdiction to examine the question of want of jurisdiction of the court which granted the decree on the grounds contained in sec. 20 of the Civil Procedure Code. Reliance has been placed on certain observations in Shambhu Singh vs. Rampal Singh (l ).