JAGANMOHAN REDDY, J. : -

This appeal comes before us on a reference by our brother Qamar Hasan J., as involving an important question of law, viz.; the executability of a decree passed by the Madras High Court in 1940 by the Courts of the then Hyderabad State on the ground of it being a foreign decree. There is no dispute with respect to the facts. The respondent, the Indo-Carnatic Bank Ltd., Madras, went into liquidation and a liquidator was appointed by the original side of the Madras High Court. The liquidator filed an application under Section 191 of the Indian Companies Act for the recovery of a sum of Rs. 1,375/-from the appellant who was a subject of His Exalted Highness the Nizam and resident of Hyderabad, on account of unpaid calls and the Court passed an ex parte order on 15-8-1940 against the appellant to pay this sum to the liquidator. The liquidator presented E, P. 170/1951 praying for transmission of the decree which was ordered ort 16-3-1951.

The liquidator filed an execution petition in the City Civil Court on 7-8-1952 for execution of the decree, but the appellant-judgment-debtor took objection to its executability and urged among other grounds, that the de