MMTC LTD Vs. SOUTH INDIAN BANK LTD

JUDGEMENT

(1.) THE is filed by the appellant/plaintiff as against the order dated 10.07.2007 passed by the learned single Judge revoking the leave granted to the appellant/plaintiff in Appln. No.1763 of 2004 filed by the first respondent/first defendant/applicant.

(2.) ACCORDING to the learned counsel for the appellant/plaintiff, the appellant/plaintiff Bank filed the suit C.S.No.317 of 2003 (after obtaining leave in Appln. No.1672 of 2003 dated 09.04.2003) against D1 to D4 praying for a judgment and decree being passed jointly and severally against the first defendant for a sum of Rs.43,48,973/- together with interest at 25% p.a. on Rs.41,50,000/- from the date of plaint till the date of payment and in the event of a decree not being passed against the first defendant, then to pass a Judgment and decree against D2 to D4 for a sum of Rs.45,27,857/- together with interest at 25% p.a. on and from the date of plaint till the date of payment and that the appellant/plaintiff filed Appln. No.1672 of 2003 praying for permission to grant leave to sue the defendants in High Court, which was granted as per order dated 09.04.2003 and that the learned single Judge has revoked the leave granted on 10.07.2007 in Appln. No.1763 of 2004 filed by the first respondent/first defendant/Applicant, which is not correct in law and therefore prays for allowing the appeal in the interest of justice.

(3.) IT is to be noted that the original jurisdiction of the High Court is derived from clause 12 of the Letters Patent. As a matter of fact, the dwelling of the defendant within the jurisdiction of the High Court or the cause of action arising within the jurisdiction of the High Court in whole or in part will be relevant only in cases where the subject matter of the suit is not land or other immovable property.