Krishnan, J.

1. The suit from which this appeal has arisen was brought by the plaintiff on a judgment of the Supreme Court of Penang-obtained By him against 1st and 2nd defendants and one Pichai Haji, deceased, whose legal representatives are defendants 3 to 6. That suit was on a deed of composition Exhibit F executed by the said three persons for money due on dealings in Penang, Though they were British Indian subjects, they were at the time of the suit in Penang, resident within the jurisdiction of the Penang Court. At the hearing of that suit they did not appear in Court to contest it. They were declared to have been properly served, the present 1st Defendant having been served personally and the two others by substituted service. In accordance with a rule of procedure of that Court by which, in suits in which Defendants, being properly served, do not appear and contest, judgment is given for the plaint--claim without any trial, judgment was entered up in favour of the Plaintiff as a matter of course. It is on that judgment the present suit is brought.

2. The Subordinate Judge dismissed the suit holding that judgment was obtained against the Defendants in Penang Court "by