ISHRI PRASAD Vs. SRI RAM

JUDGEMENT

(1.) The appellant sued the respondent in the Court of the Munsif of Saharanpur for recovery, of Rs. 979-9-6 as due to him from the respondent under a decree obtained by the appellant in the Rampur State.

(2.) The plaintiff's case was that the respondent was living in Rampur State at the time that the suit was filed and the decree was obtained by the plaintiff, but subsequent to the passing of the decree, the defendant had left Rampur State and settled within the local limits of the jurisdiction of the Court of the Munsif of Saharanpur.

(3.) The suit was contested by the defendant inter alia on the ground that he was not residing in Rampur State at the time of the institution of the suit in the Court of Rampur State and as such, the foreign judgment obtained by the plaintiff could not be enforced against him, in view of the provisions of Section 13(a) of the Code of Civil Procedure.