SUNDARAM, ISMAIL, NAINAR SUNDARAM
Moneys Transports, Tiruchirapalli – Appellant
Versus
Tanjore Co-operative Marketing Federation – Respondent
ISMAIL, J. :- This is an appeal preferred by the plaintiff in OS No. 65 of 1972 on the file of the Court of the Sub-ordinate ordinate Judge, Nagapattinam, dismissing the suit solely on the ground that the same was barred by limitation. The suit was filed by the appellant against the respondent for recovery of a sum of Rs. 24,140/-, with interest. The suit was originally instituted before the learned Subordinate Judge, Tiruchirapalli, on 3-10-1970. There is no dispute that the suit so instituted was within time. The respondent herein took up the plea that the Sub Court, Tiruchirapalli, had no jurisdiction to entertain the suit, and that the competent court to entertain and dispose of the suit was the Sub Court, Nagapattinam. This question whether the Sub Court, Tiruchirapalli, had jurisdiction or not, was tried as a preliminary issue, and the learned District Judge-Trainee functioning as the Fourth Additional Subordinate Judge, Tiruchirapalli, by an order dated 23rd Sep., 1971, held that the Sub Court, Tiruchirapalli, had no jurisdiction to entertain and dispose of the suit, and the competent court to entertain and dispose of the suit was the Sub Court, Nagapattinam, and or
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