9911796707
TMI Blog1894 (7) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... ese judgments, were brought by the Rajah against the Appellant in the Court of the Assistant Commissioner of Lahore and were dismissed by that Court, on the ground that the judgments were pronounced by the Faridkote Court, without jurisdiction as against the Appellant. On appeal to the Additional Commissioner of Lahore, the judgments of the first Court were upheld. The Rajah then appealed to the Chief Court of the Punjaub, which differed from both those tribunals, and upheld the jurisdiction of the Faridkote Court. 2. Faridkote is a native State, the Rajah of which has been recognised by Her Majesty as having an independent civil, criminal, and fiscal jurisdiction. The judgments of its Courts are, and ought to be, regarded in Her Majesty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uits instituted by the Rajah, or otherwise submitted himself to that jurisdiction. He was under no obligation to do so, by reason of the notice of the suits which he thus received or otherwise, unless that Court had lawful jurisdiction over him. 5. Under these circumstances there was, in their Lordships' opinion, nothing to take this case out of the general rule, that the Plaintiff must sue in the Court to which the Defendant is subject at the time of suit ( Actor sequitur forum rei ); which is rightly stated by Sir Robert Phillimore (International Law, vol. 4, s. 891) to lie at the root of all international, and of most domestic, jurisprudence on this matter. All jurisdiction is properly territorial, and extra territorium jus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onal law; among others, by Story (Conflict of Laws, 2nd ed., ss. 546, 549, 553, 554, 556, 586), and by Chancellor Kent (Commentaries, vol. 1, p. 284, note c, 10th ed.), and no exception is made to them, in favour of the exercise of jurisdiction against a defendant not otherwise subject to it, by the Courts of the country in which the cause of action arose, or (in cases of contract) by the Courts of the locus solutionis. In those cases, as well as all others, when the action is personal, the Courts of the country in which a defendant resides have power, and they ought to be resorted to, to do justice. 8. The conclusion of the learned Judges in the Chief Court of the Punjaub is expressed in the following sentence of the judgment delivered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd therefore amenable to the colonial jurisdiction. If the case could not be distinguished on that ground from that of any absent foreigner who, at some previous time, might have been in the employment of a colonial government, it would, in their Lordships' opinion, have been wrongly decided; and it is evident that Fry, L.J., in Rousillon v. Rousillon (14 Ch. D. 351), took that view. 11. The words of Blackburn, J.'s, judgment, in Schibsby v. Westenholz (Law Rep. 6 Q. B. 161), which were relied upon, are these :-- If, at the time when the obligation was contracted, the defendants were within the foreign country, but left it before the suit was instituted, we should be inclined to think the laws of that country bound them; thoug ..... X X X X Extracts X X X X X X X X Extracts X X X X
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