MODI
Mithalal – Appellant
Versus
Kapoorchand – Respondent
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
(9) Bandu Hari vs. Bhagha Laxman (AIR 1954 Bom 114).
(1) Prem Chand vs. Danmal (1953 RLW
(2) Radheshyam vs. Sawai Modi Basdev Prasad (1954 RLW
(3) Laxmi Chand vs. Mst. Tipuri (1956 RLW, 129—ILR 1956, VI Raj.
(4) Raghunath Das vs. Sunder Das Khetri (AIR 1914 PC 129)
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