Judgement

Appeal (No. 34 of 1945) from a judgment and decree of the High Court in its appellate jurisdiction (February 15, 1943) which had affirmed a decree of that court passed in its ordinary original civil jurisdiction (September 17, 1942).

The main questions in this appeal were whether a judgment of the High Court of Indore, dated October 29, 1941, was binding on the parties to this litigation by virtue of s. 13 of the Code of Civil Procedure, and whether, if so, the present suit was concluded by that judgment.

The trial court (Chagla J.) and, on appeal, Beaumont C.J. and Weston J. answered both questions in favour of the respondents.

The facts appear from the judgment of the Judicial Committee.

Section 2 of the Code of Civil Procedure, 1908, contained the following definitions, which, however, were all subject to the qualification unless there is anything repugnant in the subject or context " —

"‘Foreign Court’ means a court situate beyond the limits of British India which has no authority in British India and is not established or continued by the Central Government or the Crown Representative.

“’ Foreign judgment means the judgment of a foreign court.

"‘Judgment means the st