KHUMCHAND DHULAJI PALADUVALA Vs. GOMRAJ FATECHAND

JUDGEMENT

(1.) Six plaintiffs filed a suit in the Court of the City Civil Judge, Madras against two Defendants for dissolution of partnership. As one of these Defendants was admittedly not living in Madras, leave to sue in the City Civil Court had to be obtained. Leave was granted by the City Civil Judge although it was applied for only after the plaint had been filed, and the question at issue in this revision petition is whether it is not obligatory in the City Civil Court for such leave to be applied for before the suit is filed.

(2.) In support of this position reliance is placed upon Section 8 of the Madras City Civil Court Act which runs as follows: All questions which arise in suits or other proceedings under this Act in the City Court shall be dealt with and determined according to the law for the time being administered by the High Court in the exercise of its ordinary original civil jurisdiction

(3.) And it is admittedly one of the rules of practice in the High Court that leave to sue in circumstances such as this must be asked for in the plaint itself.