The applicant moved to reject a money recovery plaint for want of jurisdiction. The Court dismissed the application, observing that since defendants reside within the court's jurisdiction, the suit cannot be rejected on territorial grounds. Other issues require trial.
Application to reject the plaint is dismissed; no costs.
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.
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
THURSDAY, THE 2ND DAY OF SEPTEMBER 2021
THE HON'BLE DR. JUSTICE G.JAYACHANDRAN
A.No.2469 of 2021
in
C.S.No.81 of 2021
TmtBinu Christeena, W/o.Thiru Peter Arivarasan No.3/421 Pandian Salai, Neelankarai Chennai 600 115.
..Plaintiff
Vs
1.M.A.R.Juherniza
W/o.Late A.Jalal New D.No.226, Old D.No.171 Ramakrishna Mutt Salai, Mandaiveli, Chennai-600 028.
2.Mrs.A.J.Manaraseena D/o.Late A.Jalal New D.No.226, Old D.No.171 Ramakrishna Mutt Salai Mandaiveli, Chennai-600 028.
3.Mrs.A.Thameemnisa D/o.Late Jalal D.No.14/8 Appavu Gramani 1st Street, Mandaiveli, Chennai 600 028.
4.Mrs.A.J.Shahar Banu D/o.Late A.Jalai D.No.51A Salaiar Street https://hcservices.ecourts.gov.in/hcservices/ Mandaiveli, Chennai 600 028.
2
5.Mrs.A.J.Noornisa D/o.Late A.Jalal New D.No.8/2, Old D.No.7/1 Lalitha Nagar 1st Street, Mylapore, Chennai-600 004.
6.Mr.J.Khaja Moideen S/o.Late A.Jalal New D.No.226, Old D.No.171 Ramakrishna Mutt Salai, Mandaiveli, Chennai-600 028.
7.Mrs.A.J.Shabina Parveen D/o.Late a.Jalal New D.No.226, Old D.No.171 Ramakrishna Mutt Salai, Mandaiveli, Chennai-600 028. 8.Thiru A.Pradeep S/o.A.Asokan Door No.1, Vanniampathi Street, R.A.Puram, Chennai-600 028. ..Defendants A.No.2469 of 2021: Thiru A.Pradeep S/o.A.Asokan Door No.1, Vanniampathi Street, R.A.Puram, Chennai-600 028. ..Applicant/8th Defendant -Vs1.Tmt.Binu Christeena, W/o.Thiru Peter Arivarasan, No.3/421, Pandian Salai, Neelankarai, Chennai-600 115. ..1st Respondent 2.M.A.R.Juherniza W/o.Late A.Jalal https://hcservices.ecourts.gov.in/hcservices/ New D.No.226, Old D.No.171 Ramakrishna Mutt Salai, Mandaiveli, Chennai-600 028.
3
3.Mrs.A.J.Manaraseena D/o.Late A.Jalal New D.No.226, Old D.No.171 Ramakrishna Mutt Salai Mandaiveli, Chennai-600 028.
4.Mrs.A.Thameemnisa D/o.Late Jalal D.No.14/8 Appavu Gramani 1st Street, Mandaiveli, Chennai 600 028.
5.Mrs.A.J.Shahar Banu D/o.Late A.Jalai D.No.51A Salaiar Street Mandaiveli, Chennai 600 028.
6.Mrs.A.J.Noornisa D/o.Late A.Jalal New D.No.8/2, Old D.No.7/1 Lalitha Nagar 1st Street, Mylapore, Chennai-600 004.
7.Mr.J.Khaja Moideen S/o.Late A.Jalal New D.No.226, Old D.No.171 Ramakrishna Mutt Salai, Mandaiveli, Chennai-600 028.
8.Mrs.A.J.Shabina Parveen D/o.Late A.Jalal New D.No.226, Old D.No.171 Ramakrishna Mutt Salai, Mandaiveli, Chennai-600 028.
..2 to 8th Respondents
Application praying that this Hon'ble Court be pleased to the
rejection of plaint for want of jurisdiction.
4
This Application coming on this day before this court for hearing, the
Court made the following order:
Suit is for recovery of money filed by the plaintiff on the premise that the defendant has breached the Joint Venture Agreement and thereby liable to pay the suit claim.
2.The defendant has filed an application to reject the plaint on the ground that the property and the place where Joint Venture Agreement entered between the plaintiff and the defendant is situated outside the territorial jurisdiction of this Court and further more, in an Anticipatory Bail petition, the parties have arrived at settlement and recorded the same, which form part of the order passed by this Court in Criminal Original Petition No. 682 of 2019 dated 17.06.2019. Hence, the defendant seeks rejection of the plaint for want of jurisdiction and cause of action.
5
suit filed for recovery of money.
finds that the suit filed for recovery of money against the defendants, who are residing within the jurisdiction of this Court, cannot be rejected on the ground that this Court lacks territorial jurisdiction. All the other grounds raised in the application are all disputed question of facts, which has to be decided only after the trial. Hence, the application to reject the plaint is dismissed. No costs.
Sd/- G.J.J. 02.09.2021 // Certified to be true copy// Dated at Madras this day of 2021.
Court Officer(O.S.) From 25th day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format. Jj 14/09/2021
2 issues framed by the court
Whether the plaint can be rejected for want of territorial jurisdiction given the defendants reside within the court area.
Whether the cause of action arose outside the territorial jurisdiction of this Court.
Tmt Binu Christeena
M.A.R.Juherniza
Mrs A.J.Manaraseena
Mrs A.Thameemnisa
Mrs A.J.Shahar Banu
Mrs A.J.Noornisa
G.Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
