IN THE HIGH COURT OF CALCUTTA
Soumen Sen, J.
Cindrella Management Services Private Limited – Petitioner
Versus
Trend Bags and Anr. – Respondents
G.A. Nos. 244, 397 of 2014 & C.S. No. 23 of 2014
Decided On : 21-04-2015

A mortgage suit is a suit for land within the meaning of Clause 12 of the Letters Patent, and this Court would not have jurisdiction to entertain such a suit where the property is situated outside the local limits of the ordinary original civil jurisdiction of this Court.

Headnote:

EQUITABLE MORTGAGE - JURISDICTION - CAUSE OF ACTION - SUIT FOR LAND - SPECIFIC PERFORMANCE - TRANSFER OF PROPERTY ACT - RELIEF - INJUNCTION - MONEY DECREE - SPECIFIC RELIEF ACT - MORTGAGE SUIT - LEAVE GRANTED UNDER CLAUSE 12 OF LETTERS PATENT - DEMURRER APPLICATION - REVOCATION OF LEAVE - RETURN OF PLAINT - STATUS QUO ORDER - AFFIDAVIT-IN-OPPOSITION - ORAL SUBMISSION - MERITS OF INJUNCTION APPLICATION.

Fact of the Case:

Petitioner filed a suit for recovery of money and declaration that the defendant had created an equitable mortgage by deposit of title deed with the defendant in respect of the property mentioned in the schedule to the plaint. An ex-parte ad interim order was passed directing the first defendant to maintain status quo with regard to the Dargah Road property until 31st January, 2014. The said interim order was extended from time to time. During the pendency of the said application, the defendant No. 1 has filed a demurrer application praying for revocation of leave granted under Clause 12 of the Letters Patent and rejection of the plaint.

Finding of the Court:

The Court held that the suit was essentially in the nature of a mortgage suit and such a suit being a suit for land within the meaning of Clause 12 of the Letters Patent, this Court would not have jurisdiction to entertain the suit. The Court further held that the plaintiff had failed to claim further reliefs despite being able to seek the same, inasmuch as the prayers as made in the plaint would not give a complete relief to the plaintiff. The Court also held that no part of the plaintiff's cause of action had arisen within the local limits of the ordinary original civil jurisdiction of this Court. Moreover, a leave under Clause 12 of the Letters Patent is also required to be revoked on the ground of forum inconvenience.

Issues: 1. Whether this Court has jurisdiction to try and determine a suit for recovery of money and a declaration that the defendant has created an equitable mortgage by deposit of title deed with the defendant in respect of the property mentioned in the schedule to the plaint, where the property is situated outside the local limits of the ordinary original civil jurisdiction of this Court? 2. Whether the plaintiff is entitled to claim further reliefs despite being able to seek the same? 3. Whether any part of the plaintiff's cause of action has arisen within the local limits of the ordinary original civil jurisdiction of this Court? 4. Whether a leave under Clause 12 of the Letters Patent is required to be revoked on the ground of forum inconvenience?

Ratio Decidendi: 1. A mortgage suit is a suit for land within the meaning of Clause 12 of the Letters Patent, and this Court would not have jurisdiction to entertain such a suit where the property is situated outside the local limits of the ordinary original civil jurisdiction of this Court. 2. The plaintiff is not entitled to claim further reliefs despite being able to seek the same, if the prayers as made in the plaint would not give a complete relief to the plaintiff. 3. No part of the plaintiff's cause of action has arisen within the local limits of the ordinary original civil jurisdiction of this Court, if the property is situated outside the local limits of the ordinary original civil jurisdiction of this Court. 4. A leave under Clause 12 of the Letters Patent is required to be revoked on the ground of forum inconvenience, if the property is situated outside the local limits of the ordinary original civil jurisdiction of this Court.

Final Decision: The Court revoked the leave granted under Clause 12 of the Letters Patent and permitted the plaintiff to withdraw the suit and present the plaint before the appropriate Civil Court upon furnishing an authenticated copy of the plaint to the department concerned. The Court also directed that the interim order passed on 20th January, 2014 directing the first defendant to maintain status quo with regard to the Dargah Road property shall continue till the matter is being taken up by the appropriate Civil Court.