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R.M.A. Swaminatha Pillay Vs. N.A.K. Abdul Gafoor Sahib - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in7Ind.Cas.810a
AppellantR.M.A. Swaminatha Pillay
RespondentN.A.K. Abdul Gafoor Sahib
Excerpt:
foreign judgment, suit on - defendant resident in british india--pleadings--claim not on original cause of action. - - court to see whether the plaintiff had a good claim upon it......the suit was disposed of ex parte. it is clear law that a foreign judgment so obtained cannot bind the defendant. no other point has been argued3. we dismiss the second appeal with.....
Judgment:
1. This was a suit upon a foreign judgment and not on the original cause of action. At the settlement of issues the claim on the foreign judgment was apparently abandoned. The suit should in consequence have been dismissed. But the Munsif framed issues treating the suit as on the original cause of action. The claim on the merits has now been negatived by both the Courts. In second appeal, Mr. Richmond argues that the cause of action based on the foreign judgment has not been tried. This apparently was not even argued before the District Judge.

2. We do not think he should be allowed to raise it now. Bat we have looked at the judgment of the foreign. Court to see whether the plaintiff had a good claim upon it. The defendant is described in that case as a resident of British India and the suit was disposed of ex parte. It is clear law that a foreign judgment so obtained cannot bind the defendant. No other point has been argued

3. We dismiss the second appeal with costs.


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