M.C.CHAGLA, Y.V.DIXIT
Bharumal Udhomal and Ors – Appellant
Versus
Sakhawatmal Veshomal – Respondent
1. The plaintiffs, filed this suit from which this appeal arises to recover a sum of Rs. 4,700 which they alleged they had lent and advanced to the defendants. The learned Principal Judge who tried this suit held on merits in favour of the plaintiffs. He held that the loan had been proved and that the defendants were liable to repay that amount
But he non-suited the plaintiffs on the ground that the City Civil Court in Bombay had no jurisdiction to try the suit and therefore he ordered that the plaint should be returned to the plaintiffs to be presented to the proper Court.
2. in this appeal the only point that lias been Rrgueu has been one of jurisdiction. The defendants have not appeared. The question of jurisdiction arises on these facts. The plaintiffs and defendants are displaced persons from Pakistan and the Joan was advanced by the plaintiffs to the defendants in Pakistan.
At the date when the suit was filed, the plaintiffs were residing in Greater Bombay and the defendants were residing at Kolhapur, and the plaintiffs invoked the jurisdiction of the City Civil Court at Bombay on two allegations. One was that subsequent to the advancement of the loan the defendants h
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