PLESS POL v. LADY DE SOYSA et al.

Present: The Hon. Mr. A. G. Lascelles, Acting Chief Justice, and
Mr. Justice Middleton.

PLESS POL v. LADY DE SOYSA et al.

D. C., Kandy, 17,549.

" Cause of action, " meaning of-Where it arises-Contract made in one place-Performance at a different place-Jurisdiction of Court of place of performance-" Cause of action "-" Wrong "-Civil Procedure Code, ss. 5 and 9 (c).

The plaintiff and the defendants entered into a contract at Colombo which was to be performed at Kandy. The plaintiff, alleging a breach of the contract by the defendants, sued them for damages in the District Court of Kandy. On objection taken to the jurisdiction of the court to entertain the action,-

Held (affirming the judgment of the District Judge), that the District Court of Kandy had jurisdiction to entertain the action.

LASCELLES A.C.J.-In order to give a Court jurisdiction it is not necessary under the Code that the whole cause of action, namely, both the agreement and the breach, should have taken place within its jurisdiction.

LASCELLES A.C.J.-A failure to perform a contract is a " wrong " within the meaning of the definition of the expression " cause o

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