( 166 )
IBRAHIM v. MARICAR.
C: R., Galle, 3,401.
Court of Requests—Practice—Competency of party to appeal against orderas to jurisdiction before determination of action on the merits.
Where, in an aotion in the Court of Requests, two issues areframed, one on the question of jurisdiction of the Court and theother on the merits, and the Commissioner finds he has lurisdiction,he should proceed to try the other issue also and deliver one'judgment.
When the issue as to jurisdiction is determined in the plaintiff’sfavour and the case is adjourned for the trial of the issue on themerits, the defendant should not appeal against the order as tojurisdiction, but should wait until final judgment, and then appealif it be against him, not only on the merits, but also on the ruling as ■to jurisdiction.
rTlHE defendant having taken the objection that the land indispute in the case was worth more than the amount setupon it by the plaintiff, and that the Court had no jurisdiction totry the case, the Commissioner settled two issues for trial. Thefirst issue was whether the land was worth over Rs. 100, andthe other issue related to the merits of the action. He tookevidence on the first issue and decided that 1! jurisdiction
to try the case. The trial of the issue on thepostponed.
( 167 )
Defendant appealed against the order, which declared that theCourt had no jurisdiction to try the case.
Sampayo, for appellant.
Oha/pman, for respondent.
1st August, 1898. Bonseb, C.J.—
I think the Commissioner made a mistake here. If he foundthat he had jurisdiction he should have gone on to try the otherissue and delivered one judgment on the whole action. After hehad determined the first issue he was called away on some otherbusiness, and the trial of the other issue was consequently post-poned. Thereupon the defendant at once appealed, and that,I think, was wrong. He ought, in my opinion, to have waiteduntil final judgment had been given and then appealed.
The appeal will therefore be dismissed. This dismissal willnot preclude the defendant, if he appeals from the final judgment,from going into the question involved in the present appeal. Itwill be open to him to question the correctness of that part of thejudgment which finds the value of the land.
The respondent will have his costs.
IBRAHIM v. MARICAR