JUDGMENT : - On 15-5-1947 Brigadier-General Raj-Rajendra Sardar Maloji Rao Narsingh Rao Shitole instituted a suit in the Court of the District Judge of Gwalior for the recovery of a sum of Rs.6,92,236-15-0. It was alleged that the late Munshi Iswar Saran of Allahabad had been his agent for a certain purpose and had died without rendering account. His three sons were impleaded as defendants and a decree for the above sum was sought against them. Summonses were served on the defendants on 18-11-1947, but none of them put in appearance in the Gwalior court. An ex parte decree was passed against them on 18-11-1948.

2. On 14-9-1951 the District Judge of Gwalior transferred the decree to the District Judge of Allahabad for execution. On 16-10-1951 an execution application was presented in the court of the Civil Judge at Allahabad for the recovery of a sum of Rs.8,98,257-7-0 by attachment and sale of certain items of immoveable property situate at Allahabad.

3. The defendants filed an objection on 8-2-1952 in the court of the Civil Judge at Allahabad. They contended that the court of the District Judge of Gwalior was a "foreign court" and its Judgment was a "foreign judgment". They pleaded

Click Here to Read the rest of this document