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ARINDAM MUKHERJEE
Lotus Homes Limited – Appellant
Versus
Concept Apartments Private Limited – Respondent
JUDGMENT :
(Arindam Mukherjee, J.) :
Three applications have been filed in the suit. The first application in order of time is the plaintiff’s injunction application being IA No. GA 1 of 2022. IA No.GA 2 of 2022 is defendants’ application for vacating the order of injunction passed in the plaintiff’s application. The third application being IA No.GA No.3 of 2022 is defendants’ application for rejection of plaint. This application by the defendant nos. 1 and 3 inter alia for rejection of plaint and in the alternative for return of the plaint to the appropriate court is taken up first as the decision in the same will have a significant impact on the other two applications. These two applications will be dealt in the later part of this judgment. A fourth application of 2023 has been filed by the plaintiff subsequent to the hearing of the three applications inter alia for amendment of the plaint due to developments post hearing.
In the suit the plaintiff, a company within the meaning of the Companies Act, 2013 has claimed the following relief(s):
A suit for cancellation of a sale deed relating to an immovable property situated outside the Ordinary Original Civil jurisdiction of the High Court is a suit for land and the Court does not have ter....
The main legal point established in the judgment is that a "suit for land" should be filed in the court within whose jurisdiction the land is situated, as determined by Clause 12 of the Letters Paten....
A suit for specific performance of a contract for the sale of immovable property is not a 'suit for land' unless the Plaintiff seeks a declaration of title to or delivery of possession of the immovab....
The main legal point established in the judgment is that the court's jurisdiction to entertain a suit is determined by the nature of the relief sought and the location of the properties involved, esp....
Partition suit involving immovable properties partly outside original jurisdiction requires prior leave under Clause XII Letters Patent; absence renders plaint wholly rejectable under Order VII Rule ....
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