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1990 Supreme(Mad) 333

NAINAR SUNDARAM, SWAMIDURAI
Southern Petrochemical Industries Corporation Ltd. , – Appellant
Versus
Durga Iron Works, and 3 others – Respondent


Advocates:
M/s. Rangarajan Praphakaran for the Petitioner; M/s. Jan and San for the Respondetns.

Judgment :

1. These are Applications for leave to institute suits on the original side of this Court. The plaintiffs in the proposed suits are the applicants. The proposed suits are for recovery of money by enforcement of equitable mortgages, created by deposits of tide deeds within the jurisdiction of the original side of this Court. The prayers include sale of the immovable properties covered by such deposits of title deeds, in satisfaction of the money claims. But, all the immovable properties, covered by such deposits of title deeds, are situate outside the jurisdiction of the original side of this Court. Mainly faced with this contingency; but urging the feature that the cause of action has partially arisen within the jurisdiction of this Court, and other similar features, the plaintiffs have sought for leave to institute the suits on the original side of this Court. In Application No. 1752 of 1989, M.Srinivasan, J., who earlier dealt with it, found conflicting views; one by Moore, J. in Nalum Lakshmikantham and another v. Krishnaswamy Mudaliar and others (1904) ILR 27157) and the other by Shanmukham, J. in State Industries Promotion Corporation of Tamil Nadu Ltd. v. Arvind Dis































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