SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1978 Supreme(Mad) 370

SUNDARAM, ISMAIL, NAINAR SUNDARAM
Moneys Transports, Tiruchirapalli – Appellant
Versus
Tanjore Co-operative Marketing Federation – Respondent


Advocates:
N. Srivatsamani, for Appellant; T.R. Mani and S. Gopalaratnam, for Respondent.

Judgement

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























Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top