Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | leave to file the civil suit granted revocation of leave Letters Patent Act dismissed territorial jurisdiction 1865 Clause 12 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Letters Patent Act, 1865:Clause 12 – Suit for declaration, damages and grant of injunction filed by appellant in the Calcutta High Court on its original side along with an application seeking leave to file the civil suit as required under Clause 12 of the Letters Patent Act,1865 – Single Judge of the High Court granted leave to appellants prayed for – Respondent, on entering appearance, filed an application praying for revocation of leave granted to the appellant on the ground that no part of cause of action arose within the territorial jurisdiction of Calcutta High Court – Single Judge revoked the leave – Division Bench affirmed the order of Single Judge – On appeal, held: Since in the instant case, the respondents did not file any written statement and instead raised the plea of territorial jurisdiction by filing application for revocation of leave,High Court should have granted liberty to the respondents(defendants) to file the written statement in the suit and to raise therein a plea of territorial jurisdiction of the Court, instead of entertaining the said application – An issue of such nature, cannot be tried by filing an application for revocation of leave – Application filed by the respondents for revocation of grant of leave is dismissed and the respondent is granted liberty to file their written statement in answer to the plaint and raise therein the plea in question along with all other pleas relating to the facts and law as the case may be– Impugned order is set aside and matter remanded to Single Judge of High Court to decide the issue afresh – Code of Civil Procedure,1908 – Or.XIV. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2019 INSC 330 |
Petitioner | Isha Distribution House Pvt. Ltd. |
Respondent | Aditya Birla Nuvo Ltd. & Anr. |
SCR | [2019] 2 S.C.R. 957 |
Judgement Date | 2019-03-07 |
Case Number | 2554 |
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