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Kaliyugam Chetti Vs. Chokalinga Pillai and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1883)ILR7Mad105
AppellantKaliyugam Chetti
RespondentChokalinga Pillai and ors.
Excerpt:
foreign judgment, suit on - native state--cause of action--jurisdiction--objection to jurisdiction on appeal. - charles a. turner, kt., c.j.1. the suit was instituted in the pudukottai court on a bond made in pudukottai territory and payable to the appellant, a resident of pudukottai. the cause of action then on the bond arose in the pudukottai territory. the respondents appeared in the suit brought in the pudukottai civil court and took no objection to the jurisdiction of that court, until the case had reached the stage of appeal, when it was overruled on the ground that they had not taken such an objection in the court of first instance.2. the question of jurisdiction was involved in the decision of the questions whether the bond was made by the respondents and whether it was payable in pudukottai.3. on the facts found in the pudukottai court, the court had jurisdiction.4. we must set aside the.....
Judgment:

Charles A. Turner, Kt., C.J.

1. The suit was instituted in the Pudukottai Court on a bond made in Pudukottai territory and payable to the appellant, a resident of Pudukottai. The cause of action then on the bond arose in the Pudukottai territory. The respondents appeared in the suit brought in the Pudukottai Civil Court and took no objection to the jurisdiction of that Court, until the case had reached the stage of appeal, when it was overruled on the ground that they had not taken such an objection in the Court of First Instance.

2. The question of jurisdiction was involved in the decision of the questions whether the bond was made by the respondents and whether it was payable in Pudukottai.

3. On the facts found in the Pudukottai Court, the Court had jurisdiction.

4. We must set aside the decrees of the Courts below and remand the suit to the Court of First Instance for trial. Costs to abide and follow the result.


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