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Asanalli Nagoor Meera and ors. Vs. K.M. Mahadu Meera and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1926Mad259
AppellantAsanalli Nagoor Meera and ors.
RespondentK.M. Mahadu Meera and ors.
Cases ReferredJanoo Hassain Sait v. Mahamad Ohuthu
Excerpt:
- .....ended in .1911, but the 2nd defendant adds: i did not authorize my partners there to contest the suits in ceylon,' thus implying that there was a partnership existing. on this evidence, it is quite impossible to come to the conclusion that the partnership had been dissolved at the date on which the suits were filed. the mere fact that the partners ran away to india on account of the riots in ceylon does not, as the subordinate judge remarks, terminate the partnership, and in the absence of any other evidence that the partnership was terminated, we must hold that this deed of partnership and the power of attorney were in full force on the date of the suits.2. there is also an additional circumstance which would possibly give the-ceylon court jurisdiction and that is the fact that the.....
Judgment:

1. These are appeals in suits filed on judgments obtained in the Colombo Court against a partnership whose, members were the defendants or their predecessors-in-interest. The lower Court has found that the partnership did not submit to the jurisdiction of the Colombo Court, but as against some of the defendants, there was jurisdiction because they individually submitted to that jurisdiction. It has been held in Ramanathan Chettiar v. Kalimuthu Pillai [1914] 37 Mad. 163; and: also in Janoo Hassain Sait v. Mohamad Ohuthu : AIR1925Mad155 , that the execution of a power of attorney authorizing an agent to conduct litigation in a foreign Court is a submission to jurisdiction. In the present case, it is clear from the deed of partnership and from the power of attorney by one of the managing partners, Exs. H and J, that the holder of the power was authorized to file suits, to defend suits and to carry on all manner of proceedings in the Courts in Ceylon. It is suggested for the respondents that these documents were not in force at the time these suits were filed, because the partnership has been dissolved. The only evidence we have on this point is the statement of the plaintiff that he thinks that the partnership was dissolved at about the time of the riots and the statement of the 2nd defendant that the business of the firm ended in .1911, but the 2nd defendant adds: I did not authorize my partners there to contest the suits in Ceylon,' thus implying that there was a partnership existing. On this evidence, it is quite impossible to come to the conclusion that the partnership had been dissolved at the date on which the suits were filed. The mere fact that the partners ran away to India on account of the riots in Ceylon does not, as the Subordinate Judge remarks, terminate the partnership, and in the absence of any other evidence that the partnership was terminated, we must hold that this deed of partnership and the power of attorney were in full force on the date of the suits.

2. There is also an additional circumstance which would possibly give the-Ceylon Court jurisdiction and that is the fact that the defendants' firm actually filed suit in the Ceylon Court, and having come in as plaintiffs can hardly be allowed as defendants to deny the jurisdiction which they themselves invoked ; and in this connexion, I would refer to a judgment in Second Appeal No. 1492 of 1920 (not reported). The question whether the plaintiff obtained an assignment of the decrees benami for the defendants' firm was raised and contested in the Ceylon Court and consequently that finding is now conclusive under Section 13 of the Code of Civil Procedure.

3. The respondents raised a further point that in a case in which there was no appearance, the decision cannot be said to have been upon the merits, but 'this question has been fully discussed in Janoo Hassain Sait v. Mahamad Ohuthu : AIR1925Mad155 , to which one of us was a party, and we are prepared to follow that decision again.

4. In the result the appeals must be allowed and there will be a decree in each case for the plaintiff as sued for with costs throughout.


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