Judgment

SUBBA RAO J. : This appeal by special leave is against the judgment of the High Court of Judicature at Allahabad dated February 10, 1952. The facts lie in a small compass, and briefly stated they are as follows :

2. Sometime in 1947 the appellant filed a suit, Suit No. 533 of 1947, on the Original Side of the Chief Court, Sin, at Karachi, against the firm of Kundomal Gangaram, the respondent No. 1 herein, for the recovery of a sum of money alleged to be due to the appellant from the said firm. The firm was sued through one Kundomal alleged to be one of the five partners of the said firm, and the service of summons was effected on him as partner of the said firm. None of the other partner was impleaded individually in the suit. On November 8, 1948, the Chief Court, Sind, decreed the suit against the firm. By the time the decree came to be passed, India was partitioned into two Dominions, and the Chief Court, Sind, became a foreign Court and, therefore, the decree, being one passed by a foreign Court, became inexecutable in India. Thereafter, the appellant filed a suit in the Court of Civil Judge, Agra, being Suit No. 205 of 1949, on the basis of the said foreign judgment. To