CENTRAL BANK OF INDIA Vs. JOSEPH

JUDGEMENT

(1.) THESE transfer applications have been posted before this Bench pursuant to the order of Jagadeesan,j. dated 19. 3. 1997, directing the Registry to get suitable directions from the Honourable Chief Justice for posting these applications before a Division Bench.

(2.) THESE transfer applications, by the plaintiffs in different suits which were earlier transferred from the original side of this court to the City Civil Court, Chennai, presumably pursuant to Section 4 (1) of tamil Nadu Civil Courts and Madras City Civil Courts (Amendment) Act, 1995, seek retransfer of those suits from the City Civil Court to the Original side of this Court, on the ground that the very same Section 4 (1) does not authorise transfers of such suits to City Civil Court.

(3.) THERE is no such leave provision in Section 16, c. P. C. , The material portions of Section 16, C. P. C. are as follows:- "subject to the pecuniary or other limitations prescribed by any law, suits- (a) (b) (c) for foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable property. (d) (e) (f) shall be instituted in the Court within the local limits of whose jurisdiction the property is situate " So, when in the abovesaid mortgage actions, the property mortgaged is outside the jurisdiction of the City Civil Court , Chennai, that Court shall have no jurisdiction to try the same.