SUBBARAYA IYER Vs. SBT

JUDGEMENT

(1.) THE 1st defendant in O. S. No. 64 of 1955 of the court of the Subordinate Judge of Vaikom is the appellant before us. THE suit was by the 1st respondent for money due from the 1st defendant and his half-brother. THE half-brother was the 2nd defendant in the court below, and is the 2nd respondent in this court.

(2.) THE suit was based on a foreign judgment obtained against the defendants and in the alternative on the promissory note executed by them in connection with an overdraft arrangement with the plaintiff. THE foreign judgment was rendered by the Sub Court of Madurai in O. S. No. 29 of 1949 on 24-3-1949. At the relevant time the appellant was a Travancorian resident in the Indian State of Travancore. It is not contended that he submitted to the jurisdiction of the sub Court of Madurai.

(3.) THE alternative foundation for the suit, as already stated, is the promissory note executed by the defendants in favour of the plaintiff on 13-2-194