HER HIGHNESS MAHARANI MANDALSA DEVI AND ORS. vs M. RAMNARAIN (P) LTD. AND ORS.

The Supreme Court held that the suit against the Ruler of a former Indian State was incompetent due to the lack of consent from the Central Government as required under Section 87 and Section 87-B of the Code of Civil Procedure, 1908. Consequently, the decree against the firm was null and void concerning the Ruler. However, the application for execution of the decree against the other partners was maintainable under Order 21 Rule 50(2), allowing enforcement against the partnership assets. The court clarified that a judgment-debtor could raise defenses such as fraud or collusion, but none were applicable in this case, leading to the dismissal of the appeal by the appellants.