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.