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Madras High CourtA/3641/2021granted

N. Sairam And 3 Others v. Mr.N. Srinivasan

2021-10-08Honourable Mr Justice V. Parthiban2 pages

Application No.3641 of 2021 V.PARTHIBAN,J.

Seeking leave to file suit against the defendant, who resides outside the jurisdiction of this Court, the applicants/plaintiffs have come up with this application.

2. The suit is filed for partition and separate possession.

3. Learned counsel for the applicants submitted that the property which is for partition lies within the jurisdiction of this Court and the whole cause of action arisen with the jurisdiction of this Court. He would further submit that the defendant resides in USA which is outside the jurisdiction of this Court. To avoid multiplicity of proceedings, leave is necessary to file single suit against the defendant, the learned counsel contended.

4. Considering the submissions made by the learned counsel for the applicants and taking note of the averments made in the plaint, leave is granted.

08.10.2021 mrm http://www.judis.nic.in

V.PARTHIBAN,J.

mrm Application No.3641 of 2021 08.10.2021 http://www.judis.nic.in