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Ganga Prasad and anr. Vs. Ganesh Lal and ors. - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in79Ind.Cas.332
AppellantGanga Prasad and anr.
RespondentGanesh Lal and ors.
Excerpt:
civil procedure code (act v of 1908), section 13 - foreign judgment, suit on--merits of judgment, inquiry into--submission to foreign jurisdiction, effect of--refusal to apply indian law. - 1. this appeal was filed by ganga prasad and bam rattan, defendants in the original suit. there were other defendants in the original suit but the decree was passed against ganga prasad and earn rattan alone. while the appeal was pending, ganga prasad died. his representatives are on the record. later on, ram rattan died. his representatives have not been brought on the record, and under the law they cannot be brought on now. the appeal must, therefore, be taken to have abated as far as ram rattan is concerned. it has been argued on behalf of the representatives of ganga prasad.2. the facts may be stated very briefly. a decree was obtained by the plaintiffs-respondents against ganga prasad, ram rattan and others in the court of the additional judge of dholpur on the 30th of april 1913......
Judgment:

1. This appeal was filed by Ganga Prasad and Bam Rattan, defendants in the original suit. There were other defendants in the original suit but the decree was passed against Ganga Prasad and Earn Rattan alone. While the appeal was pending, Ganga Prasad died. His representatives are on the record. Later on, Ram Rattan died. His representatives have not been brought on the record, and under the law they cannot be brought on now. The appeal must, therefore, be taken to have abated as far as Ram Rattan is concerned. It has been argued on behalf of the representatives of Ganga Prasad.

2. The facts may be stated very briefly. A decree was obtained by the plaintiffs-respondents against Ganga Prasad, Ram Rattan and others in the Court of the Additional Judge of Dholpur on the 30th of April 1913. The decree was for a sum of money. A portion of this amount was realised by execution of the decree, and the plaintiffs instituted the suit out of which this appeal has arisen to recover the balance upon the foreign judgment of the Dholpur Court. In the course of the trial Ganga Prasad and Ram Rattan set up that the Dholpur Court had no jurisdiction, and they further set up that the judgment of the Dholpur Court should not be operative in the Court in British India inasmuch as it proceeded on a refusal to recognise the Law of British India in a case in which such law was applicable.

3. The learned Subordinate Judge repelled these and the other pleas and decreed the suit as against Ganga Prasad and Ram Rattan, the remaining defendants being held not liable by consent of the plaintiffs.

4. The present appeal is preferred and the only points argued before us were that the Dholpur Court had no jurisdiction and that judgment was founded on a refusal to recognise the Law of British India.

5. In respect of the first point we consider it sufficient to say that, inasmuch as the appellants Ganga Prasad and Ram Rattan themselves appeared and contested the claim in the Dholpur Court, the plea of jurisdiction cannot be raised. We need specify no further authority for this conclusion than the decision in Emanuel v. Symon (1908) 1 K.B. 303 : 77 L.J.K.B. 180 : 98 L.T. 304 : 24 T.L.R. 85. At page 809 it is laid down that a foreign judgment must be enforced by the Courts in England in every case in which the judgment-debtor had voluntarily appeared before the Foreign Court which passed the judgment. The law is the same in British India. It is laid down in the decisions of the High Court in Madras which have been quoted by the Subordinate Judge.

6. The second plea is as follows. If the suit upon which the foreign judgment was passed had been brought in British India, it would have been held to be time-barred under the Law of Limitation in operation in British India; but the Law of Limitation in Dholpur is not the same as the law of British India and the remedy in Dholpur was not time-barred. This is a case in which it cannot be suggested that there has been a refusal to recognise the Law of British India where such law was applicable. The general rule is that a Court which entertains a suit on a foreign judgment cannot institute an enquiry into the merits of the original action, or the propriety of the decision and that rule applies here.

7. For the above reasons, we dismiss the appeal of Ganga Prasad with costs and fees on the higher scale. The appeal of Ram Rattan has abated.


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