Chennai Court December 1884 Judgments

Y.N. Nagamoney Mudaliar Vs. Arcot Janakiram Mudaliar

Court: Chennai

Reported in: (1895)5MLJ34

Best, J.1. This is an appeal against the order of Mr. Justice Shephard, deciding against the defendant the preliminary issue, 'Whether this Court has jurisdiction in the case, the mortgage property being alleged to be situated beyond the court's local jurisdiction.'2. The learned Judge says, 'In the face of the leave which stands uncancelled, I must decide tor plaintiff'.3. The cases cited before the learned judge appear to be D'Souza v. Coles (1867) 3 M.H.C.R. 384 and M. Vythilinga Mudaly v. M. Cundasamy Mudaly (1875) 8 M.H.C.R. 21.4. In the former, it was held that an appeal lies from the decision of a Judge refusing an application made under Clause 12 of the Letters Patent, for leave to institute in this Court a suit on a cause of action which arose in part only, within the local limits of this court's jurisdiction. In M. Vythilinga Mudaly v. M. Cundasamy Mudaly (1875) 8 M.H.C.R. 21 it was held that where such an application was refused by one judge, it was not proper for another ju...