Rajasthan Court March 1953 Judgments

Radheyshiam and anr. Vs. Firm Sawai Modi Basdeo Prasad and anr.

Court: Rajasthan

Reported in: AIR1953Raj204

Ranawat, J. 1. In view of the importance of the questions involved herein, a Division Bench of this Court has referred this case to a larger Bench of this Court for decision. 2. On 24-3-1947 an ex parte decree was obtained by Radheyshiam and Radha Kishan against the firm of Sawai Modi Basdeo Prasad and Ramprasad of Dholpur for Rs. 2498/6/-plus costs in the court of the Civil Judge, Jaipur city. The defrndants at that time were the subjects of the then Dholpur State. The suit was entertained in the court of the Civil Judge, Jaipur, as the cause of action arose within the limits of the jurisdiction of that court. The defendants did not enter appearance and the proceedings against them were taken ex parte. At that time the Jaipur State and the Dholpur State were two different Indian States and for the purposes of execution the decrees of the courts of one Statewere considered to be decrees of the courts of a foreign State in the other. As the decree inthis case was a personal decree passe...