MANOHAR LAL Vs. RAGHUNATH
HIGH COURT OF MADHYA PRADESH
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Nevaskar, J. -
(1.) PLAINTIFFS , who are the sons of Diwon Bahadur Chhajuramji, filed this suit on 14 -3 -1941 for recovery of Rs. 28,000 against the father of Appellant. No. 1 and the rest of the Appellants in the Court of District Judge Ujjain (Gwalior State) on the basis of a foreign judgment obtained by them.
(2.) THE suit was resisted by the Defendants on various grounds and the trial Court framed issues bearing on the questions as to whether the foreign judgment sued upon was ex parte, regarding limitation, as to want of jurisdiction, regarding proceedings being opposed to natural justice and contrary to law in force in Gwaliar State, as to Defendants being agriculturists and the Plaintiff having charged compound interest contrary to law and as to competency of a suit for accounts against Manoharlal Appellant No. 1. The trial Ciurt held on evidence that the judgment sued upon was not ex. parte and the claim was clearly within time. He further held that the Court which passed the judgment sued upon, had jurisdiction to do so, both because the Defendants then carried on business in Indore and also because there was submission to Jurisdiction. It was also found by the trial Court that the judgment was obtained through proceedings which was not opposed to natural justice nor did involve refusal to recognise the law in force in Gwaliar State or sustain a claim founded on breach of such law which applied to the case.
(3.) HE held that the suit for accounts of profits of joint family property was competent against Manoharlal.;
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