J C GALSTAUN Vs. DIANA SARKIES

JUDGEMENT

(1.) This case started as an originating summons which was originally heard by my learned brother Costello, J., who made an order on 6 July transferring it to the list of suits for hearing, and giving certain orders, with regard to discovery and evidence, and reserving the question of jurisdiction.

(2.) The direction asked for under Rule 1, Ch. 13, Rules of the High Court, comes under Sub- section (e) of that rule or alternatively under (b), the one directing executors, administrators, etc., to do or abstain from doing a particular act and the other concerning the ascertainment of any class of creditor and the principal direction asked for by the plaintiff in this case is a direction to the defendants the executrix and executor to admit him the plaintiff as a secured creditor of the estate of C.M. Sarkies deceased.

(3.) I am of opinion that this procedure if allowed would simply amount to a way of avoiding the limitations imposed by the Letters Patent for the High Court of Calcutta 1865 which under Clause 12 ordain that the High Court in the exercise of its ordinary original civil jurisdiction shall be empowered to try suits for land if such land shall be situated within the local limits of the ordinary original jurisdicticn of the said High Court.