Shamji Gordhandas & Co. V. Ramanathan & Co

Present: Wood Renton C.J. and De Sampayo J.

SHAMJI GORDHANDAS & CO. v. RAMANATHAN & Co.

297-D. C. Colombo, 46,717.

    Action on a foreign judgment-Defendant born in South India, Rut carrying on business and residing in Colombo-Action brought in Bombay- Presumption as to jurisdiction of foreign Court-Is defendant Round by the Bombay judgment?

Where a person resident in one country has his domicil in another, a judgment passed against him in absented, and without notice, by a Court of the country of his domicil, to the jurisdiction of which he has not in any way submitted himself, cannot Re enforced against him by an action in the country of his residence.

The plaintiffs sued the defendant a Natukottai Chetty, " a subject of British India," who was residing and trading in Colombo, on a judgment, obtained against him in the Small Causes Court in Bombay. The defendant had also a business connection with Bombay for a considerable period, and was represented there by an agent. He did not appear at the trial in Bombay; substituted service of summons on him was allowed by the Bombay Court.

Held, that the defendant was n

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