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1986 Supreme(Ker) 198

VARGHESE KALLIATH
PARAMESWARAN – Appellant
Versus
RAMACHANDRAM – Respondent


Judgment :-

1. This is a revision by the plaintiff. His suit - on a promissory note stands dismissed solely on the ground of limitation. So naturally this revision concerns the correctness of the finding on the question of limitation. I feel that this court has power under S.115 C. P. C. to examine the correctness of the decision.

2. These are the relevant facts. The promissory note on which the suit has been laid is dated 31-10-1974. The consideration for the promissory note is Rs. 2,500/ The suit was filed as O. S.768/75 on 29-9-1975, before the Munsiff Court. Ernakulam.

3. The defendant raised a question of territorial jurisdiction. He contended that the territorial jurisdiction for the suit is not Ernakulam, but Cochin. The Munsiff Court, Ernakulam, held on 2-12-1977 that it has no territorial jurisdiction to entertain the suit. The Munsiff made an endorsement on the plaint thus:

"The plaint is ordered to be returned to the plaintiff for presentation before the Munsiffs Court, Cochin. The parties will appear before that court on 16-1-78. Time for re-presentation one week from the date of return give notice to the parties."

4. The plaint was returned on 9-12-1977. It was re-present

































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