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R.M.A.R. Aruna Chella Chettiar Vs. V.V.M. Muthiah Chettiar and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in17Ind.Cas.758
AppellantR.M.A.R. Aruna Chella Chettiar
RespondentV.V.M. Muthiah Chettiar and ors.
Cases ReferredBenode Behari Bose v. Nistarini Dassi
Excerpt:
civil procedure code (act v of 1908), section 16 clouse (d) - declaration that mortgage is invalid--mortgaged property situate beyond local limits of court. - .....whether defendants nos. 5 to 8 have an interest in immoveable property. the proviso to section 16, civil procedure code, has no application to such a case, as the relief is not one that can be rendered to the plaintiff by the personal obedience of the defendants. benode behari bose v. nistarini dassi 15 m.l.j. 331 is not in point. that suit was for administration in the high court and was governed by the letters patent. the privy council held that the suit, was not one for land beyond the original jurisdiction of the high court. this suit clearly comes within clause (d) of section 16, civil procedure code. we dismiss the appeal with costs. we allow the memo, of objections and direct the plaintiff to pay the defendant's costs is the lower court also. he will also pay the costs of the memo.....
Judgment:

1. For the purpose of deciding this appeal, it is sufficient to refer to the 3rd prayer in the plaint in which the plaintiff asks for a declaration that the mortgages executed in favour of the defendants Nos. 5 to 8 are invalid as against the plaintiff. As the properties affected by the mortgages are admittedly situated beyond the jurisdiction of the Sub-Court, it could have no jurisdiction to take cognizance of the prayer, because it clearly asks the Court to determine whether defendants Nos. 5 to 8 have an interest in immoveable property. The proviso to Section 16, Civil Procedure Code, has no application to such a case, as the relief is not one that can be rendered to the plaintiff by the personal obedience of the defendants. Benode Behari Bose v. Nistarini Dassi 15 M.L.J. 331 is not in point. That suit was for administration in the High Court and was governed by the Letters Patent. The Privy Council held that the suit, was not one for land beyond the original jurisdiction of the High Court. This suit clearly comes within Clause (d) of Section 16, Civil Procedure Code. We dismiss the appeal with costs. We allow the memo, of objections and direct the plaintiff to pay the defendant's costs is the lower Court also. He will also pay the costs of the memo of objections.


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