SHEVA RAM Vs. PITAMBAR DAS

JUDGEMENT

(1.) THIS is an application by the defendants Sheva Ram and Lekhumal for revision of an order of the learned Additional Civil Judge, Jaipur granting leave to the plaintiff for filing the suit in Jaipur. Of the two of the defendants Mirchoomal and Tara Chand were not living within the jurisdiction of the Court. When the suit was filed on the 20th Jan. 1949 no leave was obtained. Mirchoomal appeared, but he did not raise any objection to the lower court's taking cognizance of the suit. Tara Chand although served with the summons did not appear. He was, however, given up and his name was deleted from the array of the defendants. The plaintiff then made an application on the 22nd May, 1950 for leave to sue. Sheva Ram defendant who was residing within the jurisdiction of the court, raised objection, but the court granted leave. Against this order, Sheva Ram has come in revision to this Court.

(2.) IT was argued by the learned counsel for the applicant that under sec. 20 (b) of the Civil Procedure Code when some of the defendants, are not actually and voluntarily residing or carrying on business or personally working for gain at the time of the commencement of the suit within the local limits of court's jurisdiction, suit can be filed with the leave of the court. In the present case, no such leave was taken when the suit was filed but after more than a year, this leave was sought. IT ought not to have been granted at the stage at which it was done.