( 1 ) THIS is an application made by way of Master's Summons on behalf of the named plaintiff in the suit. However, it is today an undeniable fact that the Lakshmi Commercial Bank Ltd. has merged into Canara Bank which is a nationalised Undertaking.

( 2 ) THERE are several prayers in the Summons. The suit was originally presented in 1984 without first obtaining leave under Clause 12. The said leave is sought for today for the purpose of regularising the suit. The third defendant has died during these years and another person is sought to be substituted in his place. There has been a change of name of the first defendant, as named in the plaint and amendments are sought in that regard also.

( 3 ) THE point of primary importance is whether leave under Clause 12 of the Letters Patent can, in law, be granted today.

( 4 ) UNDER Clause 12 of the Letters Patent it has been clearly provided that this Court shall not receive, try or determine suits in case such leave is necessary in terms of the Clause, unless such leave has been first obtained.

( 5 ) IN the absence of a leave, therefore, being first obtained, this Court and no Judge of this Court can receive, try or deter