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TMI Blog1927 (5) TMI 6X X X X Extracts X X X X X X X X Extracts X X X X ..... ground that he was not residing in Rampur State at the time of the institution of the suit in the Court of Rampur State and as such, the foreign judgment obtained by the plaintiff could not be enforced against him, in view of the provisions of Section 13(a) of the Code of Civil Procedure. 4. The learned Munsif, while holding that the defendant and one Kesaree were jointly and severally liable for the debt with respect to which the plaintiff had obtained a decree in Rampur State, dismissed the plaintiff's suit on the ground that the defendant's presence or even residence in Rampur when the case was in progress there has not at all been proved. 5. and therefore the Court in Rampur had no jurisdiction over the defendant and the j ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ced by a Court of competent jurisdiction, unless the contrary was proved. 9. It is a fact that the decree obtained by the plaintiff in Rampur was an ex parte decree. The judgment of, the Rampur Court after giving a summary of the plaint runs as follows: The defendant notwithstanding due service of summons has not contested the suit. The document is registered. The failure of the defendant to contest the suit amounts to an admission of the plaintiff's claim. Accordingly the plaintiff's suit is decreed. 10. We are unable to hold that this judgment was not a judgment given on the merits of the case. It appears to us that the phrase the merits of the case has been used in the Code in contradistinction to a judgment by way o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y with an order to answer interrogatories he shall be liable to have his defence struck out. The application was allowed, and the plaintiff was allowed to sign judgment against the defendant. The judgment so obtained by the plaintiff was not a judgment on the merits inasmuch as, as observed by their Lordships of the Privy Council, not one of the questions that arose for consideration in the case were ever, considered or were ever the subject of adjudication at all and the merits of the case were never investigated. 12. As was pointed out in the case of George Summerly Carmichael Cole v. Catherine [1920] 41 All. 521 the judgment followed as a penalty upon the defendant not complying with the order of the Court. In the present case a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... herefore, a judgment of a foreign Court obtained against a defendant cannot be enforced in British India where the defendant, at the time of the commencement of the suit, was not a subject of, nor resident in, the country in which the judgment was obtained: vide the case Kassim Mamoojee v. Isuf Mahomed Sulaiman [1902] 29 Cal. 509. That being so, in a suit based on a foreign judgment, one of the questions that arises for consideration is: Was the defendant, at the time of the commencement of the suit in the foreign Court, residing within the territorial limits of the jurisdiction of the State in which the suit was brought? But on the production of a certified copy of a foreign judgment the Court is bound to presume that the judgment was pron ..... X X X X Extracts X X X X X X X X Extracts X X X X
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