Mudianse Et Al. V. Siriya Et Al.,

Present : Ennis J. and Garvin A.J.

MUDIANSE et al. v. SIRIYA et al.

180-D. C. Kegalla, 5,717.

Action under a. 247-Plaint returned for want of jurisdiction-Civil Procedure Code, a. 47-Subsequent presentation of plaint to right Court-Date of action-Prescription.

Where a plaint returned to the plaintiff under section 47 of the Civil Procedure Code for want of jurisdiction is presented subsequently to the right Court, the plaint is not to be deemed to have been presented from the date of the earlier presentation to the wrong Court.

THE facts are set out in the judgment. Keuneman (with him Schokman), for defendants, appellants. Canakaratne, for plaintiffs, respondents.

November 3, 1921. ENNIS J.-

This was an action under section 247 of the Civil Procedure Code.

It appears that the present defendants were successful in their claim in the claim inquiry, the order in which was passed on September 30, 1919.

On October 10 the plaintiffs filed an action in the Court of Bequests. On December 13 the defendants filed answer, in which they took exception to the jurisdiction of the Court. On January 25, 1921, on the day fixed for tria

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