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In -- 'D. T. Keymer v. Viswanatham Reddi', 1916 P.C. 121 (AIR V 3) (Q) the defendant appeared and contested in an action in the King's Bench Division of the High Court of England, but omitted to answer certain interrogatories served upon him by the plaintiff. Thereupon, the defence was struck out and judgment was entered for the plaintiff.

The appellants sued upon the judgment in Madras, and the defence was that the judgment had not been given on the merits of the action, and that consequently the action could not be maintained on that judgment alone in the Indian Courts and that the merits would have to be investigated.