JUDGMENT

Lort-Williams, Ag. C.J.

1. The plaintiff sues for money paid at the request of the defendant. At the time when the suit was instituted the defendant was living at Dhankuta in the Kingdom of Nepal. The money was paid in Calcutta within the jurisdiction by means of cheques drawn upon the plaintiff's account with the Imperial Bank of India. Particulars are given in the plaint. The defendant contends that this Court has no jurisdiction to try the suit because the defendant is a non-resident foreigner and was not residing within the jurisdiction when the suit was instituted. Further she alleges that no part of the cause of action arose within the jurisdiction, that no money was paid to her and no request was made by her as alleged or at all, that; the money in the said account and Bank was and is the defendant's money, that the account was opened in the name of the plaintiff with a sum of Rs. 25,000 belonging to the defendant, and that the moneys drawn by the plaintiff were drawn under the directions of the defendant. Both plaintiff and defendant were born in Nepal but the plaintiff has not lived there since 1937. And the defendant has lived periodically in British India, both in