Institutes of the Laws of Ceylon Founded On And Following the Arrangement of Th
Institutes of the Laws of Ceylon Founded On And Following the Arrangement of Th
James Cecil Walter Pereira
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Actions which fail for want of Jurisdiction. Chapter 44. 635 When an action fails for want of jurisdiction Power to in the court to entertain and determine the matter of * e ei the action on its merits, it shall, nevertheless, be com- notwith- standing petent to the court to make such order on the parties wa nt of for the payment of costs as to it shall seem just ; and JriHcMo"- every such order for the payment of costs is a decree for money within chapter XX. Where two issues are framed, one o...n the question of jurisdic- tion and the other on the merits, and the first is decided in the plaintiff's favour, the court must proceed to try the other as well. The defendant should not appeal on the order as to jurisdiction but wait until final judgment, and then appeal if it be against him. , not only on the merits, but also on the ruling as to jurisdic- tion [Ibrahim v. Maricar, 3 N. L. B. 166]. 636 When the want of jurisdiction is caused by When want of f . , jurisdiction reason of the exclusive jurisdiction of any village J^ged by tribunal, the averment in the plaint made in pursuance ?
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