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1978 Supreme(Mad) 441

BALASUBRAMANYAN
Abdul Rahiman Rowther – Appellant
Versus
Komalathammal – Respondent


Advocates:
Krishnan, for Appellants K. Sarvabhauman, for Respondent.

Judgement

JUDGEMENT :- These two appeals have been filed by the judgement-debtor under a decree. They arise out of applications filed by him under Section 47 C.P.C. to declare that the ex parts decrees obtained against him by the decree-holder were null and void for want of the territorial jurisdiction of the court which passed the ex arte decrees. These applications of the judgement-debtor were dismissed. The appeals against the dismissal of the applications also shared a similar fate. The learned Subordinate Judge passed a common judgement in the two appeals holding that the judgement-debtor was not entitled in the execution proceedings to raise a question of want of territorial jurisdiction in the court which passed the decree.

2. Mr. Krishnan, learned counsel appearing for the judgement-debtor in these appeals, submits that the suits against his client were on mortgages of immovable properties situate outside the territorial jurisdiction of the court in which the suits were filed. He further submits that in both the suits preliminary and final decrees for sale were passed by the District Munsif of Tiruvaiyaru as though he had territorial jurisdiction over the subject matter which










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