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1952 Supreme(Cal) 10

SINHA
INDIAN AND GENERAL INVESTMENT TRUST LTD. – Appellant
Versus
RAMCHANDRA MARDARAJA DEO, RAJA OF KHALIKOTE – Respondent


Advocates Appeared:
B.K.Ghosh, B.N.DUTT ROY, H.N.SANYAL, S.C.Chowdhury

SINHA, J.

( 1 ) THESE are two applications, one by the Indian and General Investment Trust. Ltd. , suing as Trustees of the Khalli-kote Raj Sterling Loan, 1906 and another by the Indian and General Investment Trust Ltd. , for an order that certified copies of the orders passed on the 29th day of November 1949 by the High Court of Justice, Chancery Division, England, in Actions Nos. 337 of 1949 and 351 of 1949 of that Court together with certified copies of the certificates dated the 9th day of January 1950 issued by the Master of the Supreme Court of Judicature in England, granted under Section 10 of the Foreign judgments (Reciprocal Enforcement) Act, 1933, together with the usual certificate of non-satisfaction, be transmitted to the District Judge's Court at Berhampore in the province of Orissa, for execution. These applications have been made under Section 44a read with Section 39 of the Code of Civil Procedure. By consent of parties, the two matters have been heard together.

( 2 ) THE facts are briefly as follows:

( 3 ) KHALIKOTE and Atagea are zemindary, estates situated in Orissa. The respondent is the present zemindar. He is governed by the Mitakshara School of Hindu Law a












































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