Sundar Bai v. P.Kalavathi
Case brief
What is this about?
In a matter involving leave to sue a defendant residing outside territorial jurisdiction for specific performance of a property in Chennai, the High Court was satisfied with the affidavit and granted leave to sue as prayed.
What did the court decide?
Leave to sue the defendant residing outside territorial jurisdiction is granted; suit is to be numbered if in order.
What the court decided
A.No.4439 of 2021 in C.S.D.No.98190 of 2021
ABDUL QUDDHOSE, J.
The suit has been filed for specific performance. The property is situated at Chennai, but, however, the defendant is residing at Tambaram, outside the jurisdiction of this Court. Hence, the applicants / plaintiffs have sought for leave to sue the defendant.
- This Court is satisfied with the reasons contained in the affidavit filed in support of this application seeking for grant of leave to sue.
- Accordingly, leave to sue is granted as prayed for and this application is allowed.
- The Registry is directed to number the suit, if it is otherwise in order.
03.12.2021.
srn
Issues for consideration
2 issues framed by the court
Whether leave to sue a defendant residing outside territorial jurisdiction should be granted given the cause of action and undertaken affidavit.
Whether the retaking of registration of the suit filed should be allowed to satisfy the cause of action.
Parties & counsel
- applicant
Applicants / Plaintiffs
- respondent
Defendant
Coram
ABDUL QUDDHOSE
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court