Leave granted for suit for recovery of money dismissed.

ORDER: This application has been filed to revoke the leave already granted by this Court on 26.7.2001 in Application No.3186 of 2001.

2. The applicant/defendant in C.S.No.895 of 2001 who has filed this application, has contended as follows:

The respondent/plaintiff has filed the suit for recovery of Rs.15 lakhs with interest at 36% per annum, in default directing the property mortgaged in favour of the plaintiff be sold for realisation of the amount. Apart from denying the liability to pay, the applicant has contended that this Court has no jurisdiction to entertain the suit. The consideration of dwelling house of the applicant/defendant situate within the jurisdiction of this Court or the cause of action arising within the jurisdiction of this Court either in whole or in part will be relevant only in cases where the subject matter of the suit is not land or other immovable property. But as far as this case is concerned, in the suit apart from claiming a personal decree against the applicant, the respondent/plaintiff has also sought for the relief of sale of the mortgaged property. Hence the suit is one where the subject matter is immovable property. Since the immovable property is not within the original jurisdiction of this Court, this has no jurisdiction to entertain the suit.

3. The contention of the applicant is that under Clause 12 of the Letters Patent Act, when the property is situate outside the original jurisdiction of this Court, in a suit for land, this Court has no jurisdiction. The contention of the respondent/plaintiff is that it is not a suit for land, but it is a money suit based on mortgage.

4. The learned counsel for the applicant while relying upon a Division Bench judgment of this Court in Bank of Madura Limited v. Balaramadass and Brothers and others, (1985)1 M.L.J. 245: A.I.R. 1985 Mad. 1, in a case in which the immovable property was situate at outside the jurisdiction of this Court, but mortgage by deposit of title deeds was created at Madras and all the defendants residing at Madras, this Court held that since the defendants are residing within the territorial jurisdiction of this Court, this Court has jurisdiction, the learned counsel for the applicant would contend that this decision has been impliedly overruled by a deciding of the Supreme Court in Adcon Electronics Private Limited v. Daulat and another, (2001)7 S.C.C. 698: (2001)4 C.T.C. 39, which has been followed by a Division Bench of this Court in S.K.J.Dhanasekar v. S.V.S.Jawaharlal, (2002)4 C.T.C. 653. The Division Bench of this Court in the said judgment held as follows:

"4. The Supreme Court had occasion to consider Clause 12 of the Letters Patent of the Bombay High Court in a recently reported case which is directly in point here. That is the case of Adcon Electronics Private Limited v. Daulat, (2001)7 S.C.C. 698: (2001)4 C.T.C. 39. At para.7, of the judgment Clause 12 of the Letters Patent of the Bombay High Court has been set out. That clause is in pari materia with Clause 12 of the Letters Patent of this Court. In para.9 of that judgment, the Court set out its analysis of the clause in the following terms:

"Thus it is clear that under Clause 12 of the Letter Patent, the High Court in exercise of its ordinary original jurisdiction will have power to receive, try and determine,

(i) Suits for land or other immovable property if such property is situated within the local limits of original, jurisdiction of the High Court, or

(2) all other cases.

(a) if the cause of action has arisen wholly within the local limits of the ordinary original jurisdiction of the High Court;

(b) if prior leave of the Court has been obtained and the cause of action has arisen in part within the local limits of the ordinary original jurisdiction of the High Court; or

(c) If the defendants dwell or carries on business or personally work for gain within such limits.

5. It is thus clear that Clause 12 refers to two classes of case one suits relating to lands or other immovable p

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