An application for leave to sue was heard. The court found the cause of action arose within its jurisdiction despite the defendant residing outside. The application was allowed.
Leave to file the suit against the defendant was granted.
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A.No.2861 of 2014 in C.S.No.D5257 of 2011
A.No.2861 of 2014 in C.S.No.D5257 of 2011
N.SATHISH KUMAR, J.
This application is filed to grant leave to sue the applicant to file the
suit against the respondent / defendant.
the learned counsel for the applicant that before the deposit of title deeds, the property has been mortgaged and sold to various third parties. Therefore, the suit
has been filed for recovery of money. As the defendant is residing outside the
jurisdiction, leave is sought in the application.
that the suit has been presented and returned long back and there is a huge delay
in re-presenting without notice to the respondent. Hence, he submitted that leave cannot be granted at this stage.
and deposit of title deeds was also made that the suit is not filed based on
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A.No.2861 of 2014 in C.S.No.D5257 of 2011
N.SATHISH KUMAR, J
mortgage but for recovery of money alone not only based on advance but also
issuance of the cheque and it has happened within the jurisdiction of this Court.
As the entire cause of action arose within the jurisdiction of this Court, though
the respondent alone is residing outside the jurisdiction of this Court, this
application is ordered.
06.11.2020
AT
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1 issue framed by the court
Whether leave to sue should be granted against a defendant residing outside jurisdiction where cause of action arose within jurisdiction.
Applicant
Respondent
N.SATHISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
