Single judge allowed an application for leave to file a suit for recovery of money. Held that since the cause of action arose in Chennai regarding the property, the application is maintainable despite the defendant residing outside jurisdiction.
Application allowed and leave granted to file the suit against the respondent/defendant before this Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
A.No.9848 of 2019
A.No.9848 of 2019
SENTHILKUMAR RAMAMOORTHY, J
This application is filed for leave to file the suit against the respondent/defendant before this Court.
recovery of money and arises out of a power of attorney, which was executed at Chennai in respect of a property which is also in Chennai. However, in view
of the fact that the sole defendant resides outside the jurisdiction of this
Court, the present application has been filed.
support of the application, I find that the cause of action of the suit has arisen at Chennai where the power of attorney was executed in respect of the suit
property, which is also situated in Chennai. In view of the fact that the substantial part of the cause of action has arisen within the jurisdiction of this
Court, this application is liable to be allowed.
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A.No.9848 of 2019
SENTHILKUMAR RAMAMOORTHY, J
kal
applicant to file the suit against the respondent/defendant before this Court.
06.01.2020
kal
A.No.9848 of 2019
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1 issue framed by the court
Whether leave to file a suit for recovery of money arising from a power of attorney where the defendant resides outside jurisdiction should be granted given the cause of action arose in Chennai.
1 provisions across 1 enactments
Applicant
Respondent/Defendant
SENTHILKUMAR RAMAMOORTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
