SESHAYYA CHETTIAR Vs. CHENGAYYA CHETTIAR

JUDGEMENT

(1.) The only question seriously argued is whether there was jurisdiction to try the suit, or in other words whether the matter to which the award relates was matter over which this Court had jurisdiction.

(2.) There is no doubt that the matter to which the award relates was the partition of property including immoveable property, part of which is outside the jurisdiction of this Court on its original side. Without leave first obtained a suit for the partition of such property could not have been entertained. And it is consequently contended that, there being no leave granted in the present case, there was no jurisdiction having regard to Secs.12 of the Letters Patent. A similar contention was raised and overruled in Kellie V/s. Fraser I.L.R. 2 Calc. 555, and we see no reason for not following that case.

(3.) It cannot be said that because the Court was not bound to grant leave it had no jurisdiction over the matter in respect of which it had liberty to grant leave.