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Patinjara Manakal Parameswaran Nambudri Vs. M.K. Subramania Pattar - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in29Ind.Cas.456
AppellantPatinjara Manakal Parameswaran Nambudri
RespondentM.K. Subramania Pattar
Cases ReferredBoissiere and Co. v. Brockner and Co.
Excerpt:
jurisdiction - foreign court--submission to its jurisdiction--objection taken in court of first instance but not persisted on in appellate court--inference--question, whether can be re-opened afterwards. - .....the counter-petitioner, no doubt, objected to the jurisdiction in the court of first instance in cochin state. but, when a decree had been passed against him, he invoked the aid of the appellate court there without any such reservation. this, it seems to us, was a submission to the cochin courts which debars him from relying on any defect in their jurisdiction now, vide boissiere and co. v. brockner and co. 6 t.l.r. 85. we, therefore, without reference to the other contentions relied on by the petitioner-appellant, set aside the lower appellate court's order. the subordinate judge will restore the execution petition to his file and proceed with the disposal of it according to law.2. costs here and in the lower appellate court will be costs in the cause.
Judgment:

1. We think that the appeal must be allowed. The counter-petitioner, no doubt, objected to the jurisdiction in the Court of first instance in Cochin State. But, when a decree had been passed against him, he invoked the aid of the Appellate Court there without any such reservation. This, it seems to us, was a submission to the Cochin Courts which debars him from relying on any defect in their jurisdiction now, vide Boissiere and Co. v. Brockner and Co. 6 T.L.R. 85. We, therefore, without reference to the other contentions relied on by the petitioner-appellant, set aside the lower Appellate Court's order. The Subordinate Judge will restore the execution petition to his file and proceed with the disposal of it according to law.

2. Costs here and in the lower Appellate Court will be costs in the cause.


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