Padamsee Narainjee vs Lakhamsee Raisee And Anr. on 24 January, 1915

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54
Calcutta High Court
Padamsee Narainjee vs Lakhamsee Raisee And Anr. on 24 January, 1915
Equivalent citations: 33 Ind Cas 288
Author: Imam
Bench: Imam


JUDGMENT

Imam, J.

1. This is an application under Section 10 of the Code by the defendants for the stay of this suit, on the ground that the matters in issue are also directly and substantially in issue in a suit previously instituted by them at Karachi, the parties in that suit being the parties in this. Both the suits admittedly relate to the same contracts between the parties and the only question that requires to be considered is, whether the Karachi Court has jurisdiction to grant the reliefs claimed. In the suit at Karachi the plaint sets out allegations that clearly give jurisdiction to that Court to try the case. Those allegations may be wholly untrue, but it is not for this Court to pronounce on them for the purposes of this application–jurisdiction does not depend upon actual facts but upon the allegations made concerning them. This suit, therefore, cannot be proceeded with. The suit will be stayed till the determination of the suit at Karachi. I make no order as to costs.

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