1952 Present   :  Rose C.J. and Gunasekara J.

MILLER, Appellant, and MURRAY, Respondent

S. C. 440-D. C. Kandy, 3,818

Jurisdiction-Cause of action arose in Ceylon-Defendant resident abroad-Right of plaintiff to sue in Ceylon-Civil Procedure Code, ss. 9, 69-Private International Law.

Under section 9 of the Civil Procedure Code an action may be instituted in Ceylon against a defendant who is resident abroad and is not domiciled in Ceylon. The jurisdiction of a Court of any particular State depends upon the local municipal law and is unaffected by the consideration as to whether a judgment once obtained is enforceable in the Courts of a foreign State.

APPEAL from a judgment of the District Court, Kandy.

H. V. Perera, Q.C., with P. Somatilakam and S. Sharvananda, for the plaintiff appellant.-This is an action for breach of promise of marriage. The promise was made within the jurisdiction of the Kandy Court. Thereafter the defendant went to Australia. Summons was duly served under section 69 of the Civil Procedure Code. The defendant gave proxy to a Proctor at Kandy to defend the action. The proctor filed answer denying liability and alleged