BANK OF COCHIN LTD. Vs. KAMAL

JUDGEMENT

(1.) THE plaintiff -bank has filed this suit for recovery of a sum of Rs. 6,98,041.41 together with interest at the rate of 17.5 per cent, per annum from the date of plaint till the date of realisation and costs.

(2.) THE suit is filed against the principal debtors -first defendant and the guarantors -defendants Nos. 2 to 4. During the pendency of the suit, the third defendant died ; his legal heirs are impleaded as D -5 to D -7.

(3.) DENYING the averments in the plaint, defendants Nos. 1, 2 and 4 have filed their written statement raising objection on the jurisdiction of original side of this Court. According to the defendants, the plaint schedule items of properties are situated outside the jurisdiction of the original side of this Court and hence, the High Court has no jurisdiction to entertain the suit. Further, none of the defendants are liable to pay the suit claim.