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april 1962

Supreme Court of India · 1962-04-30

SHALIGRAM vs DAULAT RAM

Citation / case number
SC 1961/58
Court
Supreme Court of India
Petitioner
SHALIGRAM
Respondent
DAULAT RAM
Bench
KAPUR, J.L.

Judgment text excerpt

The Supreme Court held that a person who appears before a foreign court and applies for leave to defend without challenging its jurisdiction is deemed to have submitted to that court's jurisdiction. In this case, the appellant's objection to the execution of a decree from the Bombay High Court was overruled, as he had not contested the jurisdiction when he sought to defend the suit. The Court further clarified that the Code of Civil Procedure was applicable in the Hyderabad State at the time of transfer, allowing the decree to be executed there.

SHALIGRAM vs DAULAT RAM · Niyam