TRAVANCORE FORWARD BANK LTD. Vs. A. SUBBARAYA IYER

JUDGEMENT

(1.) THE decree concerned in this appeal is the decree of the Court of the Additional Subordinate Judge of Madura in Original Suit No. 29 of 1949 dated 24 -3 -1949 and the Court in which execution is sought is the Court of the District Munsiff of Vaikom. The judgment -debtor's objection to execution was allowed and hence this appeal by the decree holder.

(2.) THE only point argued before us in this appeal which is not covered by our judgment in - 'P.C. Vareed v. Gopalbai', AIR 1954 KER 358 (FB) (A), (a copy of which is appended and shall form part of this Judgment) is the contention of Mr. Ninan, learned Counsel for the Appellant, that as provisions for reciprocal service of summons obtained between the Province of Madras and the State of Travancore presence or submission was unnecessary under the rules of private international law and the decree should be held to be capable of execution in this State. His argument was based on the following passage from Cheshire's Private International law (4th Edn.) p. 600:

(3.) THE contention was not advanced before the lower Court and is not even indicated in the Memorandum of Appeal. There is also no evidence to show how as a matter of fact the service of summons was effected in this case.