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1958 Supreme(Raj) 167

MODI
Mithalal – Appellant
Versus
Kapoorchand – Respondent


Advocates Appeared:
Shrikishenmal, for Appellants; Mangimal, for Respondents

Modi, J.—This is an appeal by the judgment-debtors Mithalal and another in an execution matter.

2. The facts leading to this appeal may be shortly stated as follows. The respondents decree-holders Kapoorchand and another obtained ex parte decree against the judgment-debtors appellants for money from the Civil City Court, Bombay, on the 18th October, 1949. The respondents got this decree transferred to the Court of Civil Judge, Balotra, and they filed an execution application on the 10th May, 1952. It appears that no notice under O.21, r. 22 C.P.C. was issued against the judgment-debtors appellants and some immovable property of theirs was attached and a notice under O. 21, r. 66 was issued against them. It was in response to this notice that the appellants appeared in the execution court and objected to the execution of the decree in Nov., 1952. They raised a number of objections but only two of them are material for the purposes of the present appeal. The first objection was that the decree was of a foreign court as the courts in the Bombay State were in 1959, and, therefore, it was in-executable in the courts of this State. In the second place, it was contended that, a notice unde



















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