Sanjib Banerjee, J.

The reference to the Full Bench is for the purpose of resolving the perceived conflict between two Division Bench judgments of this Court.

The suit has been instituted on the Original Side of this Court by citing the situs of the defendant bank’s zonal office within the ordinary original jurisdiction of this Court – the old town of Calcutta that is now but a small part of this overgrown metropolis. Since the plaintiff did not invoke the territorial jurisdiction of this Court on the basis of the situs of its cause of action, in whole or in part, it had not cared to obtain leave under clause 12 of the Letters Patent. The plaintiff has claimed a declaration that the discounting or discharge of a fixed deposit receipt of Rs.25 lakh by the defendant bank was fraudulent and a decree is sought for the maturity value of the fixed deposit and the interest thereon. The suit progressed to trial and final arguments when an objection as to the jurisdiction of this Court to receive the action was taken.

The order of the learned Single Judge of August 7, 2008 records that the belated challenge to the maintainability of the suit in this Court was entertained as a pr