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Issues Involved:
1. Jurisdiction of Morena Court to execute the decree. 2. Applicability of res judicata. 3. Bar under Section 48 of the Code of Civil Procedure. 4. Limitation period for execution. 5. Whether the decree is a foreign decree. Issue-wise Detailed Analysis: 1. Jurisdiction of Morena Court to Execute the Decree: The decree-holders obtained a decree from the Sub-Judge in Bankura, West Bengal, and sought its execution in Morena, Madhya Bharat. Initially, the Morena court dismissed the execution on the grounds that it lacked jurisdiction as the decree was from a foreign court and passed ex parte. The Supreme Court upheld this dismissal in Hansraj Nathu Ram v. Lalji Raj and Sons of Bankura, ruling that the transfer was invalid since the Code of Civil Procedure (the Code) did not apply to Morena at that time. However, after the Code was extended to Madhya Bharat in 1951, the decree-holders refiled for execution in Morena. The High Court of Madhya Pradesh later ruled that the decree was not executable as it was from a foreign court. The Supreme Court, however, clarified that the Bankura court was not a "foreign court" as per the Code's definition, and thus the decree was not a foreign decree. Therefore, the Morena court had jurisdiction to execute the decree. 2. Applicability of Res Judicata: The judgment-debtors argued that the execution was barred by res judicata due to the Supreme Court's earlier decision. The Supreme Court, however, found that res judicata did not apply because the legal context had changed with the extension of the Code to Madhya Bharat. The earlier decision was based on the jurisdictional limitations existing before the Code's extension, which were no longer applicable. 3. Bar under Section 48 of the Code of Civil Procedure: The judgment-debtors contended that the execution was barred under Section 48 of the Code, which limits the period for executing a decree to twelve years. The Supreme Court noted that both the executing court and the High Court had extended this limitation period under Section 14(2) of the Limitation Act, 1908, due to the decree-holders' diligent and good faith prosecution of the earlier execution proceedings, which became infructuous due to jurisdictional issues. The Court agreed with this extension, emphasizing that Section 48 prescribes a period of limitation, not an absolute bar. 4. Limitation Period for Execution: The Supreme Court examined whether Section 48 of the Code was a bar or a period of limitation. It concluded that Section 48 is indeed a period of limitation, controlled by the provisions of the Limitation Act, 1908. The Court noted that the subsequent history of legislation, including the deletion of Section 48 in the Limitation Act of 1963 and its replacement by Article 136, supported this interpretation. Therefore, the decree-holders could benefit from the extension of the limitation period under Section 14(2) of the Limitation Act. 5. Whether the Decree is a Foreign Decree: The judgment-debtors argued that the decree was a foreign decree and thus not executable. The Supreme Court clarified that the Bankura court was not a foreign court as defined by the Code, either under the old or new definition. Consequently, the decree was not a foreign decree. The Court also dismissed the argument that the decree was a nullity due to being ex parte, as the judgment-debtors had been served notice but chose not to appear. The Court further distinguished the present case from the decision in Shitole's case, noting that the Bankura court and Morena court were both governed by the Code at the time of the decree's transfer for execution. Conclusion: The Supreme Court allowed the appeal, setting aside the High Court's order and restoring the trial court's order. It directed the executing court to proceed with the execution, emphasizing that the decree was neither a foreign decree nor barred by Section 48 of the Code. The judgment-debtors were ordered to pay the costs of the appellants in both the Supreme Court and the High Court.
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