Narayen Chetty vs Fernando – clr volume 2 page 030

In the case between Narayen Chetty (Plaintiff, indorsee) and M. Fernando (Defendant, maker of the promissory note), the court examined the issue of territorial jurisdiction concerning actions on promissory notes, specifically whether a suit could validly be instituted in Negombo when the note was made and payable in Chilaw but indorsed in Negombo. It was held that jurisdiction for such actions is determined by the locality where the cause of action arises, as per sections 5 and 9 of the Civil Procedure Code, and since the promissory note was made and payable in Chilaw, Negombo’s District Court lacked jurisdiction. The judgment reaffirmed the principle that jurisdiction is grounded in the contractual place of performance or the defendant’s residence, not the place of indorsement. The decisi

REF: clr volume 2 page 030 Category: Tag:
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