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1953 Supreme(Mad) 101

P.V.RAJAMANNAR, VENKATARAMA AYYAR
Simrathmull – Appellant
Versus
Jugraj – Respondent


Advocates:
V.S. Rangachari for Appellants.
M.S. Venkatarama Ayyar and N.C. Rangaswamy for Respondents.

Judgments:

The Chief Justice.-The respondents in this appeal instituted in the Original Side of this Court a suit, C.S.No.400 of 1949, for the recovery of a sum of Rs.10,731-13-0 together with interest due thereon up to date of payment from the appellants. They filed the suit under Order 7 of the Original Side Rules which corresponds to Order 37 of the Code of Civil ‘Procedure. The suit was instituted on the judgment of a foreign court (the District court of Jodhpur) which the plaintiffs had obtained against the defendants. The appellants took out two applications before the Master, namely, an application for leave to defend and an application for treating the suit as an ordinary suit. We are not concerned in this appeal with the former application as it remains still undisposed of. The Master allowed the latter application holding that a suit based on a foreign judgment did not fall within the class of suits included under Order 7, rule 1 of the Original Side Rules. The plaintiffs filed an appeal against this order of the Master to the learned Judge in Chambers, Krishnaswami Naydu, J. He allowed the. appeal and dismissed the application made by the defendants. He was of the opinio















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