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1973 Supreme(Mad) 133

MAHARAJAN
Karur Vysia Bank Ltd. , Coimbatore – Appellant
Versus
Ramachandra C. Oza – Respondent


Advocates:
T.R. Srinivasan and K. Ramamurthy, for Appellant; K. Sarvabhauman, T.R. Mani and M.L. Nayak, for Respondents,

JUDGEMENT :- This is an appeal against the order of the learned Subordinate Judge of Coimbatore, directing the plaint in O. S. No. 155 of 1966 on his file to be returned for presentation to the appropriate court, on the ground that the Sub-Court, Coimbatore, had no territorial jurisdiction to entertain the suit. The plaintiff attacks the order of the court below in this appeal.

2. In order to understand the basis of the lower court's order, it is necessary to set forth a few facts.

3. The Karur Vysia Bank, the appellant before me was the plaintiff in the court below, and it sued Ramachandra C. Oza (first defendant). The International Trading Co., Bombay (second defendant). Devakaran Nanjee Banking Co.. Bombay (third defendant) and the Kanara Bank Ltd., Bombay (fourth defendant) for the recovery of Rs.14,987.97 p. with future interest and costs upon the following averments -

4. On 13-12-1065, the first defendant applied to the plaintiff's bank at Coimbatore for a demand draft on a Bombay bank in favour of the second defendant for a sum of Rs.15.03. Plaintiff thereupon issued on that day a crossed cheque for Rs.15.03 p. The cheque itself was drawn on the 4th defendant bank at Bombay and

































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