Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Letters Patent: Letters Patent of High Court of Calcutta - Clause 12 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Letters Patent: Letters Patent of High Court of Calcutta — Clause 12 —_ First respondent filed an application for revocation of leave granted under clause 12 of Letters Patent by the Calcutta High Court and asking return of the plaint to be filed before the court having jurisdiction to try the same on the ground that suit was suit for land and the immovable property was situated in Mumbai; that the Agreement provided that the Mumbai Court has exclusive jurisdiction ~ Held: The suit for land is a suit in which the relief claimed relates to the title or delivery of possession of land or immovable property — The prayer in the plaint was for a decree for specific performance of the agreement for sale by directing issue of Sale Certificate in favour of the plaintiff - The sale certificate sought under the prayer requires the delivery of possession of the suit property — Thus, the suit was indeed a suit for land — The intention of the parties to the Agreement was to restrict limitation to the forums/courts of Mumbai only — Therefore, the Courts of Mumbai were granted exclusive jurisdiction as per the Agreement and there was no reason to create any exception to the intention of the parties. |
Judge | Hon'ble Mr. Justice Pinaki Chandra Ghose |
Neutral Citation | 2015 INSC 281 |
Petitioner | Excel Dealcomm Private Limited |
Respondent | Asset Reconstruction Company (india) Limited & Ors. |
SCR | [2015] 4 S.C.R. 948 |
Judgement Date | 2015-04-01 |
Case Number | 3272 |
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