Supreme Court of India · 1962-04-30
RAJ RAJENDRA SARDAR MALOJI MARSINGH RAO SHITOLE vs SRI SHANKAR SARAN AND ORS.
- Citation / case number
- SC 1960/110
- Court
- Supreme Court of India
- Petitioner
- RAJ RAJENDRA SARDAR MALOJI MARSINGH RAO SHITOLE
- Respondent
- SRI SHANKAR SARAN AND ORS.
- Author
- KAPURL.,SARKAR, A.K.,GUPTA, K.C. DAS,AYYANGAR, N. RAJAGOPALA,MUDHOLKARR.
- Bench
- KAPUR, J.L.,SARKAR, A.K.,GUPTA, K.C. DAS,AYYANGAR, N. RAJAGOPALA,MUDHOLKAR, J.R.
Judgment text excerpt
The Supreme Court held that the decree passed by the Gwalior Court in 1948 was a foreign decree and not executable in Allahabad under the Code of Civil Procedure, 1908, specifically citing Sections 2(5), 39, 43, and 44. The Court found that none of the conditions for extra-territorial validity were met, as the respondents were not subjects of Gwalior and had not submitted to its jurisdiction. Consequently, the execution application was deemed not maintainable, affirming the decree's status as a nullity.