Rajamannar, C.J.- In this appeal the defendant in Original Suit No. 258 of 1951 is the appellant. The suit was filed by the respondent in the Subordinate Judge’s Court, Tiruchirapalli, for the recovery of a sum of Rs. 8,500 from the defendant on the basis of a foreign judgment and decree which the respondent admittedly obtained in the District Court of Nuwaraeliya, Holden at Hatton, Ceylon, on the 26th of October, 1948. The suit in the Ceylon Court was filed on a promissory note executed by the father of the defendant in favour of the plaintiff on the 17th of April, 1942, for a sum of Rs. 3,500, payable with interest at 18 percent, per annum. The defendant who is the appellant before us was ex parte in that suit and, according to the procedure obtaining in Ceylon, a decree nisi was passed after taking the evidence of the plaintiff and finally the decree was made absolute after notice of the decree nisi had been served on the defendant and the latter had failed to appear in spite of the notice. In the plaint it was alleged that a decree on the merits had been passed and the defendant had not paid the amount due under that decree. The suit was filed, as already mentioned in the Court

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