Case Note & Summary
The plaintiffs filed a suit for specific performance of an oral agreement for sale of agricultural land situated at Aundh, Pune, which is outside the original civil jurisdiction of the Bombay High Court. They obtained leave under Clause XII of the Letters Patent before filing. The defendants challenged the jurisdiction. The court framed a preliminary issue on jurisdiction. The court analyzed Clause XII, which allows suits for land outside jurisdiction if leave is obtained, but only if the cause of action arises partly within jurisdiction. Here, the entire cause of action arose outside, as the property and the agreement were outside. The court held that Clause XII cannot confer jurisdiction where no part of the cause of action arises within the court's limits. The suit was dismissed for lack of jurisdiction.
Headnote
A) Civil Procedure - Jurisdiction - Clause XII of Letters Patent - Specific Performance - Suit for specific performance of contract for sale of land situated outside the original civil jurisdiction of the High Court - Leave under Clause XII obtained prior to filing - Held that Clause XII does not confer jurisdiction where the property is entirely outside the limits and no part of the cause of action arises within those limits - The court lacks jurisdiction to entertain such a suit (Paras 1-10).
Issue of Consideration
Whether the High Court of Bombay has jurisdiction to entertain and try a suit for specific performance of a contract for sale and possession of a property situate outside the limits of its original civil jurisdiction, if leave under Clause XII of the Letters Patent is obtained prior to the filing of the suit.
Final Decision
The court held that it has no jurisdiction to entertain the suit. The suit is dismissed for lack of jurisdiction. No order as to costs.
Law Points
- Clause XII of Letters Patent
- jurisdiction of High Court
- specific performance of contract
- suit for land outside jurisdiction
- leave to sue
- cause of action
Case Details
2011 LawText (BOM) (12) 71
Mr.J.V. Dave with Mr.L.H. Patil for the plaintiffs, Mr.C. Bharucha with Ms.A.B. Kapadia i/b D.F & Diwan for defendant nos.1 to 4, Mr.C.M.Korde, Sr. Advocate with Ms.Priya Aggarwal and Mrunali Panchal i/b M/s.Halai & Co. for defendant no.6
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Nature of Litigation
Suit for specific performance of an oral agreement for sale of agricultural land
Remedy Sought
Specific performance of contract for sale and possession of suit land
Filing Reason
Refusal of defendants to sell the suit land to plaintiffs
Issues
Whether the High Court of Bombay has jurisdiction to entertain and try the suit for specific performance of a contract for sale and possession of a property situate outside the limits of its original civil jurisdiction, if leave under Clause XII of the Letters Patent is obtained prior to the filing of the suit?
Submissions/Arguments
Plaintiffs argued that leave under Clause XII was obtained and thus court has jurisdiction.
Defendants argued that the property is outside the original civil jurisdiction and no part of cause of action arises within, so court lacks jurisdiction.
Ratio Decidendi
Clause XII of the Letters Patent allows a suit for land outside the original civil jurisdiction only if the cause of action arises partly within the limits. If the entire cause of action arises outside, leave under Clause XII cannot confer jurisdiction. The court must have jurisdiction over at least part of the cause of action.
Judgment Excerpts
Whether the High Court of Bombay would have a jurisdiction to entertain and try a suit for specific performance of a contract for sale and possession of a property situate outside the limits of its original civil jurisdiction, if leave under Clause XII of the Letters Patent is obtained prior to the filing of the suit?
Procedural History
Suit filed in 1983. Issues framed initially. Additional issue on jurisdiction framed on 20 December 2011. Treated as preliminary issue. Heard and decided on 21 December 2011.
Acts & Sections
- Letters Patent, Bombay: Clause XII
- Goa, Daman and Diu Reorganisation Act, 1987: 20(1), 20(3)
