The plaintiff (appellant herein) filed a suit before the Subordinate Judge of Tirunelveli for recovery of Rs. 12,537-11-11 based upon a foreign judgment obtained by the plaintiff in the District Court, Colombo. The plaintiff and his mother Kuppammal were trading as partners under the name and style of ‘M. K. Sivagaminathan’, in Princess Street, Bombay. Defendants 1 and 2 were carrying on business in partnership in Colombo under the name and style of ‘Jayalakshmi and Company’. Defendants 1 and 2 borrowed from the plaintiff several sums under hundis drawn on the defendants and made payable thirty days after sight to the order of the Indian Overseas Bank, Ltd., Colombo. Defendants 1 and 2 accepted to pay the amount due under these hundies but failed to pay when they were presented to them on the due dates.

The plaintiff and his mother filed a suit No. 15437/S on 7th October, 1953, in the District Court at Colombo for recovery of Rs. 10,671-35 cents. Summons were issued to defendants 1 and 2 and they accepted the summons. Defendants 1 and 2 filed proxy through their Proctor and moved for the grant of leave to appear and defend the action unconditionally. The Additional Dist