GANESHI LAL Vs. GANGA PRASAD

JUDGEMENT

(1.) This appeal was filed by Ganga Prasad and Ram Ratan, defendants in the original suit. There were other defendants in the original suit but the decree was passed against Ganga Prasad and Ram Ratan alone. While the0 appeal was pending, Ganga Prasad died. His representatives are on the record. Later on Ram Ratan died. His representatives have not been brought on the record, and under the law they cannot be brought on now. The appeal must, therefore, be taken to have abated as far as Ram Ratan is concerned. It has been argued on behalf of the representatives of Ganga Prasad.

(2.) The facts may be stated very briefly. A decree was obtained by the plaintiffs respondents against Ganga Prasad, Ram Ratan and others in the court of the Additional Judge of Dholpur on the 30 of April, 1913. The decree was for a sum of money. A portion of this amount was realized by execution of the decree, and the plaintiffs instituted the suit out of which this appeal has arisen to recover the balance upon the foreign judgment of the Dholpur court. In the course of the trial Ganga Prasad and Ram Ratan set up that the Dholpur court had no jurisdiction, and they further set up that the judgment of the Dholpur court could not be operative in the courts in British India inasmuch as it proceeded on a refusal to recognize the law of British India in a case in which such law was applicable.

(3.) The learned Subordinate Judge repelled these and the other pleas, and decreed the suit as against Ganga Prasad and Ram Ratan, the remaining defendants being held not liable by consent of the plaintiffs.