Per Modi J. (concurring with the first part of the decision but dissenting with the second part which refers to executability of decrees of foreign courts now forming part of the Rajasthan due to reasons being not compelling).

If a decree was a nullity when it was passed, except in the State which passed it, it cannot become a living and executable decree in the areas of other States which happen to be merged with the State which passed the decree on account of political changes alone. Something more, to my mind, is required to be done by the new State in order to make such decrees, which were a nullity with respect to the areas now merged, to become of full force and effect in those areas. Unless, therefore, there is some compelling reason which makes it incumbent on the courts to say that those decrees are executable, and the objections under sec. 13 of the Code of Civil Procedure can no longer be taken. the courts should not say so. (Paras 9 and 3 8)

The mere amendment in the definition of the term foreign court in the Civil Procedure Code by Act II of 1951 is not such a compelling reason as to lead the courts to the conclusion that the decrees, which were in-executable incertain

Click Here to Read the rest of this document