Present: Jayewardene A.J.

ANDRIS v. SIRIYA et al.

185-C. R. Gampola, 6,12 .

    Jurisdiction-Value subject-matter stated in plaint not questioned- -Plea of res judicata-Compentency of Court-Evidence Act, ss. 44 and 50.

Where, in a case in which the question of jurisdiction depended on the value of the property, no objection was raised as to the valuation of the subject-matter given in the plaint, the competency of the Court in respect of- its monetary jurisdiction cannot be challenged in a subsequent action between the parties.

The principle that parties cannot by consent give jurisdiction, where none exists, applies only where the law confers no jurisdiction.

It does not prevent parties from waiving inquiry by the Court-as to facts necessary for the determination of the question of jurisdiction, when that question depends on facts to be proved.

ACTION by the plaintiff for declaration of title to the half share of a land called Kandehena against the defendants, appellants. It would appear that the present plaintiff sued the defendants Siriya in case No. 4,731 of the same Court for a declaration of title to the same land. There the plaintif