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1957 Supreme(Ker) 273

SANKARAN, T.K.JOSEPH
Govindan Asari Kesavan Asari – Appellant
Versus
Sankaran Asari Balakrishnan Asari – Respondent


Judgment :-

1. This Second Appeal raises the question of the maintainability of the plaintiff's suit which is based on a foreign judgment. The parties to the suit were residing within the jurisdiction of the Court of Requests at Jaffna in Ceylon in the year 1949. The plaintiff instituted a suit against the defendants in the said Court for recovery of a certain amount alleged to be due to him. The defendants on whom the summons had been duly served, failed to appear in court and the suit was decreed ex-parte in favour of the plaintiff on 26th May 1949. Ext. A is copy of that decree. Some time after the passing of that decree, the defendants returned to their native place Navaikulam which is within the jurisdiction of the Attingal Munsiff's Court. The plaintiff thereupon instituted the present suit O.S. No. 598/1950, in the Attingal Munsiff's Court for recovery of the amount due to him under the decree of the Jaffna Court, as evidenced by Ext. A. In resisting the suit the defendants contended that they were not residing within the jurisdiction of the Jaffna Court when the plaintiff obtained the decree Ext. A against them, that the decree happened to be passed as a result of the fraud























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