RADHE SHAM ROSHAN LAL Vs. KUNDAN LAL MOHAN LAL
HIGH COURT OF PUNJAB AND HARYANA
Radhe Sham Roshan Lal
KUNDAN LAL MOHAN LAL
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(1.) In E.F.A. No. 201 of 1952 one of the questions that arises for decision is whether the decree passed ex parte by the Additional District Judge, Indore, on the 17th of February, 1948 can be executed in Ludhiana on receipt of the transfer certificate.
(2.) Basing himself on Bhagwan V. Rajaram, 1951 AIR(Bom) 125 , Mr. Hans Raj Sodhi urges that the Courts at Ludhiana possess jurisdiction to execute the decree by reason of political changes brought about in the character of the foreign Court and in the status of the defendant since the decree was passed. In dealing with an identical point in Shah Prem Chand V. Shah Danmal, 1954 AIR(Raj) 4 Modi, J., (Wanchoo, C.J. concurring) said :-
"Now we find considerable difficulty in subscribing to the reasoning that if the Sholapur Court was of incompetent jurisdiction at the time it gave its judgment, it thereafter became a Court of competent jurisdiction by reason of certain political changes which came into being later. Again, we are unable to understand how a decree of a Court which was admittedly a foreign Court when it passed the decree could change its character in respect of that very decree and he converted into a decree of a municipal Court. This position becomes hard to understand once we clearly appreciate that whereas the same decree being of a foreign Court and impeachable as having been passed by a Court of incompetent jurisdiction at the time it was passed and the defendant could flatly disregard it becomes unimpeachable because of certain political events that took place subsequently and therefore becomes valid, binding and conclusive as the decree of a municipal Court. Further, the view taken in the Bombay case that the forming decree was not even a nullity and that there was merely an impediment in the way of its being executed is, again with very great respect, a view which runs counter to all accepted principles of private international law."
(3.) In the passage cited above, the Court was considering the law laid down in Bhagwan V. Rajaram, 1951 AIR(Bom) 125 .;
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