- (1.) THIS maritime action in personam was commenced on the Original Side of this Court. The plaintiff is the owner of Motor Launch "palash". The defendant is the owner of Steam Launch "elizabeth". A collision occurred between them on the river Hooghly. Hence, the plaintiff has claimed Rs. 14,278. 09p. as damages charging the defendant with negligence for the said collision. The defendant has denied the said charge and has counter-charged the plaintiff with negligence. The following issues were settled by consent of the parties: - (i) Was the collission caused by the negligence of plaintiff or the defendant as alleged in the pleadings ? (ii) If it was due to the negligence of the defendant, what sum, if any, is the plaintiff entitled to as damages ? (iii) Has this Court any jurisdiction to try this suit in its Ordinary original Civil Jurisdiction ?
(2.) THE counsel for the parties have invited me to decide the last issue as a preliminary issue of law for this action must fail if it is answered in the negative. In these circumstances, they have reserved their right to call further witnesses on other issues if this preliminary issue is decided in the affirmative.
(3.) THE defendant carries on business within the territorial jurisdiction of the Original Side of this Court. The said collision occurred within its said limits. The question is whether this court has any jurisdiction to try this action under Clause 12 of the Letters patent in view of Clause 32 of the letters Patent.;