This is an application under Order 3, rule 1 of the Original Side Rules for leave to institute an originating summons in this Court. Sadasiva Mudaliar, applicant’s grandfather, owned certain properties in Nilgiris District. He executed two indentures, one on 19th June, 1955 and another on 7th March, 1962 conveying different portions of his properties constituting the applicant as the beneficiary for his life time with remainder over to the children of the applicant to be born. The applicant wants to dispose of a portion of the property in which he has got life interest For the purpose of prosecuting his studies abroad. For this purpose, he wants the leave of the Court. He has filed affidavits of the intending purchasers who have expressed their willingness to purchase the property for a certain price. As the property is situated outside the jurisdiction of this Court, the office returned the originating summons and asked the applicant to apply for leave of the Court. It is in these circumstances that the applicant has taken out this application.

The question is whether the originating summons itself is competent, as the property, in respect of which permission is sought f