1. This is the Plaintiff's application for leave under clause 12 of the Letters Patent.

2. The questions that arise in this case fall into two categories. The first is whether leave under clause 12 of the Letters Patent can be granted after the plaint is not only presented under rule 1 of Order IV but is also admitted and entered in the register under rule 2 of that Order of the Code of Civil Procedure, 1908. The second is whether the Plaintiff is entitled to leave under clause 12 even assuming the first question is answered in the affirmative. I have answered the first question in the negative and the second in the affirmative.

FACTS

3(A). It is admitted that the plaint was presented on 29.9.2004 that it was admitted on 10.12.2004 without leave having been sought or obtained.

(B)(i). The Defendant took out Notice of Motion No.745 of 2005 raising a preliminary issue of jurisdiction under Section 9(A) of the Code of Civil Procedure, 1908 and for a declaration that this Court does not have jurisdiction to try the present suit and consequently for an order that the plaint be returned under order VII Rule 10 of the CPC.

(ii). The Plaintiff filed an affi