M/S.M.S.Swaminathan Research Foundation v. Nil

in C.S.DR.No.95011 of 2024 RMT.TEEKAA RAMAN, J.

This Application has been filed to grant leave to sue to the Plaintiffs 1 to 3 for the property situated out side the jurisdiction of this Court. 2.It is the case of Nil Respondent.

3.Heard Mr.N.L.Rajah, learned senior counsel for Mr.K.R.Arun Shabari, learned counsel for the Applicant.

4.The learned senior counsel for the Applicant relied upon the Division Bench judgment of this Court in the case of Mazdoor Welfare Trust and Ors., Vs. The Southern Railway Mazdoor Union and Ors., reported in (2005) 2 MLJ 502, wherein the Division Bench has held that when major properties situate outside and only few properties are available, it is the discretion of the Court either to grant or not. When necessary averments in the Plaint would go to show that the the Plaintiff has satisfied the ingredients as found in Section 92 of Civil Proceedure Code, the learned single Judge has 1/3

rightly exercised his discretion.

5.In the instant case, one property is situated in Tamil Nadu, having office at Taramani, Chennai and hence after perusing the averments, this Court is inclined to grant leave in respect of the property situated outside of the jurisdiction of this Court.

6.Accordingly, this Application is ordered. Registry is directed to number the Plaint, if it is otherwise in order. 03.10.2024 sai 2/3

RMT.TEEKAA RAMAN, J.

sai in C.S.DR.No.95011 of 2024 Dated: 03.10.2024 3/3