A VELLIANGIRI Vs. RAM BAHADUR TAKUR P LTD

JUDGEMENT

(1.) THE plaintiff in the suit C.S.No.237 of 1986 has filed this appeal. Aggrieved by the order dated 26.7.1989 made in Application No. 1818 of 1987 revoking the leave granted holding that his court, on original side, has no jurisdiction to try the suit by virtue of clause 12 of the Letters Patent. During the pendency of the appeal, the appellant died. Hence his legal representatives are brought on record.

(2.) IN this judgment of ours, we will refer to the parties as they are arrayed in the suit for convenience.

(3.) THE learned single Judge, on the original side after hearing the learned counsel for the parties, on the facts of the case, contentions of the parties, and referring to the various authorities elaborately, passed the common order disposing of few applications, but we are concerned in this appeal only to the order passed in Application No. 1818 of 1987 revoking the leave granted to the plaintiff. THE learned single Judge allowed Application No. 1818 of 1987 and revoked the leave granted earlier in Application No. 1324 of 1986. Hence the present appeal is filed by the fourth defendant.