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1957 Supreme(Mad) 136

RAJAGOPALA AYYANGAR
In re, His Holiness Shri La Sri Subramania Desika Gnanasambandha Pandarasannadhi Avl. Adhinakarthar of Dharampuram Mutt, Dharampuram – Appellant
Versus
. – Respondent


Advocates Appeared:
K.S. Champakesa Aiyangar and K. C. Srinivasan, for Petitioner.

Judgement

ORDER: S. R. No. 16033 is a plaint which has to he filed in the Court of the Subordinate Judge of Tirunelveli. The main relief prayed for in the suit is one for injunction against defendants who have been impleaded thereto. C. M. P. No. 3912 of 1957 is an application filed in this court to receive this plaint (S. R. 16033) and transmit the same to the Sub-Court, Tirunelveli after passing an order for interlocutory injunction which, is prayed for in C. M. P. No. 3913 of 1957. The matter came up before me for orders as to the maintainability of the petition C. M. P. No. 3912 of 1957, namely, to receive the plaint.

2. Mr. Champakesa Aiyangar, learned counsel for the petitioner, urged before me various grounds in support of the jurisdiction of this court to receive this plaint. He however conceded that this jurisdiction had ultimately to turn upon the proper construction of Cl. 13 of the Letters Patent.

3. The earliest decision of this court on this point is an unreported one of Seshagiri Aiyar J., in C. M. P. No. 1498 of 1919 (Mad) (A). That was an application to this court to receive a plaint which had to be filed in the District Munsifs court of Dindigul. The learned Judge he






















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