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1925 Supreme(SC) 55

VISCOUNT FINLAY, LORD CARSON, LORD BLANESBURGH
BANSILAL ABIRCHAND – Appellant
Versus
GHULAM MAHBUB KHAN (DEFENDANTS) – Respondent


Advocates:
Solicitors for appellant:T. L. Wilson & Co. Solicitors for respondents: Lattey & Hart.

Judgement

Appeal (No. 131 of 1924) from a decree of the Court of the Resident at Hyderabad (September 27, 1922) reversing a decree of the assistant Resident.

The suit was brought by the appellant in the Court of the Civil Judge at Secunderabad to recover from the first respondent the balance of a debt for money lent, and against the second respondent as guarantor.

The Resident, on appeal, held that the Civil Court had not jurisdiction under s. 20 (c) of the Code of Civil Procedure, 1908, since no part of the cause of action arose within the local limits of the Court.

The material facts appear from the judgment of the Judicial Committee.

1925. June 29. De Gruyther K.C. and Dube for the appellant referred to Puttappa Manjaya v. Virabhadrappa (( 1905) 7 Bom. L. Reporter, 993.) and to Pollock and Mulla on the Indian Contract Act, note to s. 49.

Sir George Lowndes K.C. and E. B. Raikes for the respondents referred to Haldane v. Johnson.

(( 1853) 8 Ex. 689, 695.)

Oct. 20. The judgment of their Lordships was delivered by

LORD BLANESBURGH. This is an appeal by the plaintiff from a judgment and decree dated September 27, 1922, of the Court of the Resident at Hyderabad, reversing a decree da

















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