SUBHODH K SHETYE Vs. PRABHAKAR MEHTA

JUDGEMENT

(1.) THE Chamber Summons has been taken out by the Defendant for a declaration that an ex-parte decree dated 20.9.2004 is null and void as having been passed without jurisdiction and for an order setting aside the warrant of attachment issued in execution of the said decree.

(2.) MR. De Vitre, the learned Senior Counsel appearing on behalf of the Defendant submitted that a part of the cause of action has arisen outside Bombay. The Plaintiff having failed to obtain leave under clause XII of the Letters Patent, this Court has no jurisdiction to entertain and try the suit.

(3.) MR. DeVitre submitted that Exhibit "A" to the plaint which is a sale contract dated 1.2.2002 shows the Defendant's address at B, Alhambra, outside the jurisdiction of this Court. He however relied upon the payment clause which reads as under:-