Ruma Pal
Sambhu Prasad Agarwal – Appellant
Versus
I. C. D. S. Ltd. – Respondent
Ruma Pal, J.: This is an application by the defendants Nos. 2 and 3 for taking the plaint in the suit off the file after revocation of leave under clause 12 of the Letter Patent : The ground on which revocation leave under clause 12 has been sought is that no part of the cause of action has arisen within the jurisdiction of this Court.
2. This principles for deciding an application for revocation of leave under clause 12 and for taking the plaint off the file under Order 7, Rule 11 are well established. First the Court is required to construe the plaint as it stands on the assumption that the allegations contained in the plaint are correct.
3. Second the jurisdiction of this Court under clause 12 of the Letter's Patent extends to matters in which each of the defendants is within the jurisdiction of this Court and where they are not so situate, if part of the cause of action arises within the jurisdiction of the Court.
4. It is not in dispute that the defendant No. 1 has its registered office at Manipal in the State of Karnataka. The only other defendants in the action viz., defendants Nos. 2 and 3, according to the plaint reside at Manipal in the State of Karnataka.
5. As none
Bimal Singh Kothari & Anr. vs. Muir Mills Co. Ltd. & Ors., AIR 1952 Cal 645, distinguished
Hiralal Patni vs. Shri Kalinath, AIR 1962 SC 199
Ritu Sachdev vs. Amita Zindal, AIR 1982 Cal 333
T. B. K. S. Maharaj vs. Mayapur Shree Chaitanya Mahaprabhu Math
R. P.O., Connor vs. P. G. Sampath Kumar, AIR 1953 Mad. 897
Chittaranjan Mukherjee vs. Barhoo Mahato, AIR 1953 SC 472
Baherin Petroleum vs. P. J. Pappu, AIR 1966 SC 634
Sanjay Trading Co. vs. M/s. Chemical N. V. & Ant., AIR 1978 Cal 397
Paresram Harmandrai vs. Chitandas & Ors., AIR 1952 Cal 82, relied on
East Indian Plasties (India) Ltd., vs. State of West Bengal & Anr.
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