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Judgment
We think that the appeal must be allowed. The counter-petitioner, no doubt, objected to the jurisdiction in the Court of first instance in Cochin State. But, when a decree had been passed against him, he invoked the aid of the Appellate Court there without any such reservation. This, it seems to us, was a submission to the Cochin Courts which debars him from relying on any defect in their jurisdiction now, vide Boissiere and Co. v. Brockner and Co. 6 T.L.R. 85. We, therefore, without reference to the other contentions relied on by the petitioner-appellant, set aside the lower Appellate Court''s order. The Subordinate Judge will restore the execution petition to his file and proceed with the disposal of it according to law.
Costs here and in the lower Appellate Court will be costs in the cause.