Leave to sue application in a money recovery suit based on a purchase order. Defendants 3 and 4 carry on business outside the jurisdiction. Holding part of the cause of action arose within the court's jurisdiction, the judge granted leave and directed numbering of the suit; a similar application was dismissed as not pressed.
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A.Nos.1581 & 1582 of 2024 and C.S. (Comm.Div.) D.No.31684 of 2024
ABDUL QUDDHOSE, J.
A.No.1581 of 2024 has been filed seeking leave to sue the defendants
3 and 4, who are having their office, outside the jurisdiction of this Court.
2.The suit has been filed for recovery of money, based on a Purchase Order placed by the first defendant on the plaintiff.
3.The second defendant is the partner of the first defendant. The plaintiff claims that the defendants 3 and 4 have made part payments on behalf of the first defendant to the plaintiff and therefore, they are not liable to pay the suit claim. Since the defendants 3 and 4 are having the place of their business outside the jurisdiction of this Court, this application for leave to sue has been filed.
4.Since part of cause of action have arisen within the jurisdiction of this Court, this Court is inclined to grant leave to sue as prayed for. Accordingly, this application is allowed as prayed for.
ABDUL QUDDHOSE, J.
vga
20.03.2024
vga
A.Nos.1581 & 1582 of 2024 and C.S. (Comm.Div.) D.No.31684 of 2024
1 issue framed by the court
Whether leave should be granted to sue defendants 3 and 4 whose business is outside the court's jurisdiction, part of cause of action arising within it.
Plaintiff
First Defendant
Second Defendant
Third Defendant
Fourth Defendant
Abdul Quddhose
As recorded by the court registry
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