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VARADACHARIAR
Venugopala Reddiar – Appellant
Versus
Krishnaswami Reddiar alias Raja Chidambara Reddiar – Respondent
JUDGMENT
Varadachariar, J. - On 1st April 1937, Burma ceased to be part of India. During the time that it remained part of British India, it was permissible, Under Section 17, Civil P.C., to include immovable property situate in Burma as part of the subject-matter of a suit instituted in any other Province. What is the effect of the separation on a suit of this kind which was pending at the time in a south Indian Court? That is the question raised for decision in this appeal. The principal respondent had instituted this suit more than ten years ago, praying either for recovery of the properties specified in Schedule C to the plaint or for a repatriation of the properties specified in Schedules A, B and C. The subject-matter of the suit was valued at about Rs. 22 lakhs and a large portion of the properties specified in Schedule C to the plaint was situate in Rangoon. The written statements of the contesting defendants were filed in October 1932, and issues seem to have been framed as early as in November 1933, and yet, for some reason or another, the suit did not become ripe for trial for several years--a feature by no means uncommon in Indian litigation, however much we may regret i
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