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1929 Supreme(Mad) 44

RAMESAM
Neyna Moona Kavanna Muhammad – Appellant
Versus
S. K. R. S. K. R. Chinthamani – Respondent


JUDGMENT

Ramesam, J.

1. This appeal arises out of a suit on a foreign judgment. The Lower Court granted a decree. The defendants appeal. The plaintiffs-respondents are members of the S. K. R. S. K. R. Firm. This Firm acting through their agent Nachiappa Chetti and another A. V. R. V. Andappa Chetti filed a suit in the Court of the District. Judge of Colombo, No. 46088. When the case came on for trial, both the parties filed a joint application to the effect that the trial of the case be postponed for three months with a view to settlement and that if not settled, judgment be entered for plaintiffs as prayed for with costs less Rs. 50 and that the property mortgaged with the plaintiffs be sold by Messrs. A V. Daniel & Sons, Licensed Auctioneers forthwith. This was on the 16th March, 1917. The case accordingly stood over for the 18th June. On that day the case was called on again and the District Judge passed this order Case called. Mr. Somasundaram for plaintiff states that the case has not been settled. The defendant and his proctor arc absent. Enter decree in terms of the order of 16th March, 1917.

2. The present plaintiffs also obtained an assignment of the share in the Ceylon decre





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