- (1.) This is an appeal against the judgment and order of the High Court of Allahabad holding that the execution of the decree passed by the Additional District Judge, Gwalior, dated November 18, 1948, in favour of the appellant against the respondents was not executable at Allahabad. The appellant in this court is the decree-holder and the respondents are the judgment-debtors.
(2.) For the decision of this appeal it is necessary to deal with the various Statutes, Orders and agreements as a result of which the erstwhile Indian state of Gwalior became a part of the territories of the Union of India governed by one Civil Procedural law. It will also be necessary to refer to the various changes in the law of civil procedure applicable at the various stages of the litigation leading to this appeal.
(3.) We Shall first deal with the integration of the Indian State of Gwalior with the Indian Union. Upto August 15,1947, i.e., before the Independence of India under the Indian Independence Act (10 and 11 Geo. Ch. 30) Gwalior was what was termed under the Government of India Act of 1935 an Indian State and its Courts were 'foreign courts' within S. 2(5) of the Indian Code of Civil Procedure. After independence by S. 7(1) (b) of that Act the suzerainty of the British Crown lapsed and so also all treaties, agreements and obligations which had previously been entered into between the Rulers Indian Sates and the British Crown. The second question can conveniently be dealt with at a later and appropriate stage.;