1933 Present: Dalton A.C.J. and Maartensz A.J.

THE BANK OF CHETTINAD, LTD. v. THAMBIAH et al.



I-D. C. (Inty.) Colombo, 44,660.

Jurisdiction-Corporation resident in India-Having Office in Colombo-Right to sue through attorney-Recognized agent-Misjoinder of causes of action-Waiver-Civil Procedure Code, s. 22 (b).

A corporation registered in India, having its registered office and principal place of business there, with a branch establishment in Colombo, is not a party resident within the jurisdiction of the District Court of Colombo for purposes of section 25 (b) of the Civil Procedure Code.

Where the plaintiffs lent the defendants on one mortgage bond two sums of money, due to each separately, and it was provided by the bond that the plaintiffs were entitled to recover the moneys payable to them by suing jointly or separately,-

Held, that the defendants had waived the right to raise an objection to the action on the ground of misjoinder of persons and causes of action.

THIS was an action on a mortgage bond executed by the first and second defendants, husband and wife, by which they borrowed from the first pl