T.Srilatha Hari v. T.R.Sreekanth And Another

A.No.1415 of 2022 A.No.1415 of 2022 P.VELMURUGAN,J.

This application has been filed to grant leave to sue the defendants 1 and 2 who are residing outside the original jurisdiction of this Court.

2. A careful reading of the plaint clearly shows that the defendants are residing outside the Territorial jurisdiction of this Court. The plaint schedule property is also situated outside the jurisdiction of this Court at Sriperumbudur in Kancheepuram District. Therefore, this Court has no Territorial jurisdiction to entertain the suit.

3. Earlier the matter was placed before this Court which deals the Commercial case. Since the suit does not fall under the Commercial Dispute as per the Commercial Courts Act 2015, Registry was directed to place the matter before the concerned Judge who is dealing with non Commercial Suits. Therefore, the matter is listed today before this Court.

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A.No.1415 of 2022 P.VELMURUGAN,J.

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4. Heard the learned Counsel for the applicant and perused the application and also the plaint and the schedule mentioned property.

5. This Court finds that the respondents/defendants are residing outside the jurisdiction of this Court and the property is also situated outside the jurisdiction of this Court. Therefore, this Court lacks the Territorial jurisdiction to entertain the suit. Hence, this application is dismissed.

6. Registry is directed to return the intended plaint to the plaintiff to enable him to present the same before the competent Court, which has jurisdiction to entertain the suit.

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