BASDEO PRASAD KHEMKA Vs. UNION OF INDIA

JUDGEMENT

(1.) The plaintiff has filed the present suit against the Union of India, inter alia, for recovery of Rs. 46,712.62 as price of 3800 tons of Bhusha, interest, cost, etc. The first plaint against the same defendant for the same cause of action was filed on 14th May 1949. As the part of the cause of action arose within and part of the cause of action arose outside the jurisdiction, it became necessary to obtain leave under Clause 12 of the Letters Patent. On 22nd March 1949 the plaintiff served a notice under Section 80 of the Civil Procedure Code on the defendant and it was received on 19th April 1949.

(2.) The then prevalent practice of obtaining leave under Clause 12 of the Letters Patent was different from what it is now today. In the sense, the plaintiff through its Solicitor or Advocate had to file the plaint with the Master and pray for leave under Clause 12 and the learned Master after scrutiny of the papers on its turn would make an endorsement on the original plaint to that effect and would submit before the Judge for scrutiny.

(3.) In the present case, the original plaint was also presented before the Master who made an endorsement on the original plaint and admitted the plaint but there is no signature of any learned Judge over the endorsement put by the learned Master.