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TMI Blog1956 (4) TMI 75X X X X Extracts X X X X X X X X Extracts X X X X ..... lal when he was only a boy aged 12 years, and that on 14-2-1933 prior to the ceremonies of adoption, there was an agreement between Radhabai and Motilal, natural father of Kundanlal, whereby the latter was given certain cash ginning factory, shop business, with one residential house. The rest of the property consisting of several houses land moveable properties and ornaments was to remain with Radhabai as her absolute property. On this basis, the Petitioner claimed the houses as her own and not liable to attachment in a decree against her adopted son. The objection was dismissed Therefore Radhabai filed a declaratory suit under Order 21 Rule 63 Code of Civil Procedure. The District judge, Barwani decreed this suit. Kadar Ali, the decree- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Class, Barwani. 4. Alter hearing the arguments of the learned Counsel on the point, I have no doubt that the learned Civil Judge, Barwani, has fallen into an error regarding the judgment of the Division Bench of this Court in Balmukund v. Radhabai First Appeal No. 45 of 1948 (MB)(A) as a judgment in rem. The judgment in the decree of Balmukund and Raoji Bhai was only a judgment inter partes and not a judgment in rem. That judgment was not a judgment in a suit between the parties to the present case and, clearly, cannot be regarded as res judicata nor can it be considered to be a judgment binding upon the whole world Section 41 of the Indian Evidence Act is exhaustive as to judgments in rem. The whole question of judgments in rem in I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... B is not conclusive against the whole world. 5. According to Section 41 of the Indian Evidence Act a final judgment, order, or decree of a competent Court in the exercise of probate, matrimonial, admiralty or insolvency jurisdiction will alone be judgments in rem provided they confer or take away from any person any legal character, or they declare any per-son to be entitled to any such character, or to be entitled to any specific thing, not as against any specified person, but absolutely. 6. In Punjab National Bank v. Balikram AIR 1940 Cal 225 (G) it was observed that the legal word character in Section 41 of the Evidence Act means status; it is something more than mere right. The declaration of a person's right operates as agai ..... X X X X Extracts X X X X X X X X Extracts X X X X
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