Mishra, J.

This appeal under Clause 15 of the Letters patent is directed against the Application No.1627 of 1989 refusing leave under Clause 12 thereof to sue in this Court, defendants for recovery in a sum of Rs.3,43,726-30. The plaintiff/appellant has alleged most part of the cause of action for the suit has arisen within the city of Madras. defendants, however, have said that the entire cause of action has arisen only at Cochin not in Madras. Learned single Judge, Srinivasan, in his impugned judgment has said;

"In my opinion, it is not necessary to consider whether any part of the cause of action arisen within the City of Madras. I propose to decide the matter on the assumption that part of the cause of action has arisen within City of Madras."

2. Clause 12 of the Letters Patent which speaks about the original jurisdiction as to runs as follows: "And we do further ordain that the said High Court of Judicature at Madras, in exercise Ordinary Original Civil Jurisdiction, shall be empowered to receive, try, and determine of every description if, in the case of suits for land or other immovable property, such or property shall be situated, or, in all other cases, if the