- (1.) THE petitioner has filed a suit for recovery of money and a declaration that the defendant No.1 has created an equitable mortgage by deposit of title deed with the defendant No.2 in respect of the property mentioned in the schedule to the plaint.
(2.) IN an interlocutory application filed by the plaintiff, an ex parte ad interim order was passed on 20th January, 2014 directing the first defendant to maintain status quo with regard to the Garia Road property until 31st January, 2014.
(3.) THE said interim order was extended from time to time. During the pendency of the said application, the defendant No.1 has filed a demurrer application praying for revocation of leave granted under Clause 12 of the Letters Patent and rejection of the plaint. The principal ground of challenge appears to be that the property alleged to have been mortgaged in favour of the plaintiff is situated at Garia, District -24 - Parganas (South), outside the local limits of the ordinary original civil jurisdiction of this Court and, accordingly, this Court has no jurisdiction to try and determine any dispute in relation to the said immovable property. The suit, in pith and substance, is essentially in the nature of a mortgage suit. Such a suit being a suit for land within the meaning of Clause 12 of the Letters Patent, this Court would not have jurisdiction to entertain the suit. The petitioner has placed reliance upon a decision in Hongkong and Shanghai Banking Corpn. Vs. Official Assignee of Calcutta, 1959 AIR(Cal) 616;