DEEP NARAIN SINGH Vs. DIETERT

JUDGEMENT

(1.) That leave was given under Clause 12 of the Letter Patent also shows that the suit was not on a foreign judgment.

(2.) The award was put in as evidence which would not be necessary if the suit was on a foreign judgment. The award having been filed in the Court in England became a record of that Court, and no proof of the award was necessary. The suit is a suit on the award on which an order under Section 12 of the English Arbitration Act has been made. What the effect of that order is, is a different question.

(3.) In paragraph 8 of the plaint we state, which statement remains unchallenged because the defendant allowed judgment to go by default, how a part of our cause of action, arose within the limits of the Original Jurisdiction of this Court and then leave under Clause 12 has been obtained. A demand followed by a promise to pay the amount of the award in Calcutta, is a cause of action in Calcutta.