SHALIGRAM versus DAULAT RAM

SHALIGRAM versus DAULAT RAM

The appellant by seeking leave to defend without objecting to jurisdiction voluntarily submitted to the jurisdiction of the Bombay High Court; thus, the decree did not suffer from defects of a foreign decree and was validly executable in Hyderabad once the Code of Civil Procedure was made applicable.

Parties
Appellant: Shaligram; Respondent: Daulat Ram
Jurisdiction
India
Judgment Date
30 April 1962
Procedural Posture
Civil Appeal / Appeal From Judgment and Order of Bombay High Court Under Article 133(1)(c) of the Constitution
Outcome
Appeal dismissed with costs.
Legal Topics
Foreign Decrees, Submission to Jurisdiction, Code of Civil Procedure
Civil Procedure Enforcement of Decrees Foreign Decrees Submission to Jurisdiction Code of Civil Procedure

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Parties

Shaligram

Appellant

Daulat Ram

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order of Bombay High Court Under Article 133(1)(c) of the Constitution

Legal Issues

  1. 1 Whether a decree passed by the Bombay High Court against a resident of erstwhile Hyderabad State is executable where the judgment-debtor submitted to the jurisdiction of the Bombay High Court.
  2. 2 Whether the decree can be executed in Bhir after transfer and application of the Code of Civil Procedure to Hyderabad State.

Ratio Decidendi

The appellant by seeking leave to defend without objecting to jurisdiction voluntarily submitted to the jurisdiction of the Bombay High Court; thus, the decree did not suffer from defects of a foreign decree and was validly executable in Hyderabad once the Code of Civil Procedure was made applicable.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.