1. The Petitioner before this Court is a trader doing business within the jurisdiction of the District Munsiff's Court at Tellicherry in the Province (State) of Madras. The respondent is also a trader residing and doing business in Trichur Cochin State. The respondent purchased certain articles from the petitioner at Tellicherry on credit. The petitioner filed Small Cause No. 344 of 1948 in the Court of the District Munsiff of Tellicherry for the balance due to him from the respondent. The respondent did not appear at the hearing and the decree passed against him was ex parte. That decree was transferred to the District Munsiff's Court, Trichur for execution. The respondent objected to the execution and the Court passed the following order.

"Heard. This being a decree of foreign Court I don't think the execution can be allowed. Objections upheld. Dismissed. 12.7.1950".

2. This is the order which is sought to be revised. At the time that the decree was passed, the respondent was not subject to the jurisdiction of the Court that passed it, having been a non-resident foreigner, and not having submitted himself to that Court's jurisdiction. The Court, however could entertain