Application seeking leave to file a suit against an out-of-jurisdiction defendant regarding out-of-jurisdiction property alongside jurisdictional property to avoid multiplicity of proceedings.
Leave granted to file a single suit covering properties both within and outside the jurisdiction.
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
Application No.3393 of 2021
V.PARTHIBAN,J.
Seeking leave to file suit against the first respondent/first
defendant who resides outside the jurisdiction of this Court and in respect of Schedule A property which is also outside the jurisdiction of this Court, the applicants/plaintiffs have come up with this application.
property lies outside the jurisdiction of this Court whereas, the Schedule B Property lies within the jurisdiction of this Court. He would further submit that the first respondent/first defendant resides outside the jurisdiction of this Court and the second respondent resides within the jurisdiction of this Court. To avoid multiplicity of proceedings, leave is necessary to file single suit in respect of both the items of suit properties and in respect of first defendant, the learned counsel contended.
24.09.2021
mrm
2
V.PARTHIBAN,J.
mrm
Application No.3393 of 2021
24.09.2021
1 issue framed by the court
Whether leave is necessary to file a single suit when part of the subject property and first defendant reside outside the court's jurisdiction.
Applicants/Plaintiffs
First Respondent/First Defendant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
