The court granted leave to sue filed by applicants/plaintiffs seeking recovery of money against defendants. The application aimed to sue third defendants residing outside the court's jurisdiction, given the cause of action lies within it.
Leave to sue against defendants 3 to 5 and 7 residing outside jurisdiction granted.
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A.No.3025 of 2023 in
C.S.DR.No.30910 of 2023
R.N.MANJULA,J.
This application has been filed by the applicants / plaintiffs seeking leave to sue against the defendants 3 to 5 and 7 who are residing outside the jurisdiction of this Court.
2. The suit has been filed by the applicants / plaintiffs to direct the defendants 1 and 2 jointly and severally to pay the plaintiffs a sum of Rs.1,51,66,699/- along with interest at 18% per annum on Rs.1,51,66,699/- from the date of the plaint till the realization.
3. According to the learned counsel for the applicants / plaintiffs, the suit has been filed for recovery of money against the defendants. Even though the cause of action is well within the jurisdiction of this Court, the defendants 3 to 5 and 7 are residing outside the jurisdiction of this Court. Hence, this leave application is filed.
4. Considering the submission made by the learned counsel for the applicants / plaintiffs and considering the averments made in this application and in the plaint, leave is granted.
13.09.2023
gsk
1
R.N.MANJULA,J.
gsk
A.No.3025 of 2023 in C.S.DR.No.30910 of 2023
13.09.2023
2
2 issues framed by the court
Whether leave to sue can be granted against defendants residing outside the territorial jurisdiction of this court for a money recovery suit.
Whether the cause of action being within jurisdiction justifies granting leave to sue against out-of-district defendants.
1 provisions across 1 enactments
Defendants 1 and 2
Defendants 3 to 5 and 7
R.N.MANJULA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
