THE ANDHRA BANK LTD. versus R. SRINIVASAN AND OTHERS.

THE ANDHRA BANK LTD. versus R. SRINIVASAN AND OTHERS.

If a suit is validly filed in a court of competent jurisdiction against a defendant who is resident, the subsequent inclusion of non-resident legal representatives upon the defendant's death does not oust the court's jurisdiction; under section 2(11) of the Code of Civil Procedure, both universal and partial legatees under a will are legal representatives and may be impleaded as such.

Parties
Appellant: The Andhra Bank Ltd.; Respondents: R. Srinivasan and Others
Jurisdiction
India
Judgment Date
31 August 1961
Procedural Posture
Civil Appeal / Appeal From Madras High Court Judgment and Decree Dated July 27, 1951, in A.s. Nos. 172 and 194 of 1947
Outcome
Appeal allowed.
Legal Topics
Jurisdiction Over Foreign Representatives, Recognition of Foreign Judgments, Legal Representatives Under Code of Civil Procedure
Private International Law Civil Procedure Jurisdiction Over Foreign Representatives Recognition of Foreign Judgments Legal Representatives Under Code of Civil Procedure

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Parties

The Andhra Bank Ltd.

Appellant

R. Srinivasan and Others

Respondents

Procedural Posture

Civil Appeal / Appeal From Madras High Court Judgment and Decree Dated July 27, 1951, in A.s. Nos. 172 and 194 of 1947

Legal Issues

  1. 1 Whether a court that was competent at the initiation of suit loses jurisdiction if legal representatives joined after the defendant's death are non-resident foreigners.
  2. 2 Whether legatees under a will are legal representatives within the meaning of section 2(11) of the Code of Civil Procedure, 1908.

Ratio Decidendi

If a suit is validly filed in a court of competent jurisdiction against a defendant who is resident, the subsequent inclusion of non-resident legal representatives upon the defendant's death does not oust the court's jurisdiction; under section 2(11) of the Code of Civil Procedure, both universal and partial legatees under a will are legal representatives and may be impleaded as such.

Court Disposition

Appeal allowed.

Orders

  • The judgments and decrees of the High Court in appeals Nos. 172 and 194 of 1947 are reversed.
  • The decree of the trial court in Civil Suit No. 83 of 1945 is restored with costs throughout.