Present: Lascelles C.J. and De Sampayo A.J.

WORMAN & CO. v. NOORBHAI

142-D. C. Colombo, 30,435,

Action on a foreign judgment-Is defendant bound by the judgment!

Plaintiffs obtained judgment against the defendant in the Court of Small Causes of Calcutta, but the defendant was not domiciled within the jurisdiction of the Indian Courts, and was not resident there at the time of the action against him, and did not appear to the process or agree to submit to the jurisdiction of the Court of Small Causes.

The plaintiffs subsequently sued the defendant in the District Court of Colombo on the judgment of the Calcutta High Court.

Held, that the defendant was not bound by the decree of the Calcutta Court.

THE facts are set out in the judgment of the District Judge (H. A. Loos, Esq.): -

The plaintiffs seek to recover from the defendant the sum of Rs. 2,282, which is the amount for which they obtained judgment against him in the Court of Small Causes of Calcutta in India.

The defendant pleads that the Calcutta Court had no jurisdiction to entertain the action against him, presumably meaning that the contract sued upon was made in Colombo, and that h