Application for leave to institute a suit to enforce a personal covenant and sale of mortgaged assets. Leave granted pending trial on jurisdictional objections regarding place of cause of action.
Leave granted to sue the defendant in this Court to enforce personal covenant and sale of mortgaged asset.
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A.No.3839 of 2022
SENTHILKUMAR RAMAMOORTHY,J
The proposed plaintiff has presented this application seeking
leave to institute the suit against the defendant before this Court.
of the plaintiff. The suit is for enforcement of the personal covenant to pay amounts secured by the mortgage and, in default thereof, for sale of the mortgaged asset. Learned counsel for the applicant asserts that this is not a suit for land. On the basis that the title deeds were deposited with
the plaintiff at Chennai and part payments were made at Chennai, this application is filed.
that possession of the property would not be claimed in this suit by seeking amendment of the plaint. This statement is recorded.
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application on the ground that the defendant resides at Villupuram and that the mortgaged property is at Villupuram. He further submits that the simple mortgage deed was executed and registered at Villupuram. He contends that no part of the cause of action arose within the jurisdiction of this Court.
draft plaint that title deeds relating to the property were deposited with the plaintiff at Chennai and that part payments were made at Chennai. These assertions are denied by the defendant. Since these are disputed questions of fact, a decision thereon should await trial. However, on the basis of these averments and taking into account the fact that this is not a
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suit for land, leave to sue is granted to the applicant to sue the defendant before this Court. This order will not preclude the defendant from raising the issue of jurisdiction and making a request for an issue to be framed on this question when the suit is taken up for hearing. . As a corollary, the Registry is directed to number the suit, if otherwise in order.
22.12.2022
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SENTHILKUMAR RAMAMOORTHY, J
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A.No.3839 of 2022
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2 issues framed by the court
Whether leave to institute a suit is granted for enforcement of personal covenant and sale of mortgaged asset without claim of possession.
Whether the Court has jurisdiction despite dispute over location of cause of action and property.
SENTHILKUMAR
DEFENDANT
SENTHILKUMAR RAMAMOORTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
