ALI MOHAMED, MISHRA
Ramchander Laxminarayanan Karva – Appellant
Versus
Jaganath Khubchand Karva and Anr – Respondent
A learned single Judge of this Court has revoked the leave granted to the Appellant herein to sue the Defendants/Respondents under Clause 12 of the Letters Patent of this Court and ordered return of the plaint to the Appellant herein for being presented before the Court of competent jurisdiction. Revocation, it is not in dispute, was sought for on the ground that the entire cause of action arose in the State of Andhra Pradesh and that the Defendants would be put to loss, hardship and difficulty if they had to defend the suit is this Court. The first contention, however, has been rejected by the learned single Judge on the basis of a statement in the plaint that the parties had entered into a compromise within the original side territorial jurisdiction of this court, has accepted the second contention to hold that on principles when convenience of the parties is taken into account, to would be appropriate to revoke the leave to sue the Defendants in this court. The judgment of the Calcuta High Court in the case of BIHAR STATE AGRO INDUSTRIES DEVELOPMENT CORPORATION vs. RAM CHAND KHOSLA 1982 AIR(Cal) 537) and some other cases on the subject have been cited in the judgment
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