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1953 Supreme(Raj) 66

DAVE, SHARMA, RANAWAT
Radheyshyam – Appellant
Versus
Firm Sawai Modi Basdeo Prasad – Respondent


Advocates Appeared:
S.R. Chandra, for Appellants; R.K. Rastogij, for Respondents

RANAWAT, J.—In view of the importance of the questions involved therein, a Division Bench of this Court has referred to this case to a larger Bench of this Court for decision.

2. On the 24th of March, 1947 an ex parte decree was obtained by Radheyshyam and Radha Kishan against the firm of Sawai Modi Basdeo Prasad and Ramprasad of Dholpur for Rs. 2498/6/- plus costs in the court of the Civil Judge, Jaipur City. The defendants at that time were the subjects of the then Dholpur State. The suit was entertained in the court of the Civil Judge, Jaipur, as the cause of action arose within the limits of the jurisdiction of that court. The defendants did not enter appearance and the proceedings against them were taken ex parte. At that time the Jaipur State and the Dholpur State were two different Indian States and for the purposes of execution the decrees of the courts of one State were considered to be decrees of the courts of a foreign State in the other. As the decree in this case was a personal decree passed by a court of the Jaipur State against the defendant who, being a subject of the then Dholpur State not residing within the State of Jaipur, was a non-resident foreigner, it could n









































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