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Issues:
Jurisdiction of Calcutta High Court based on the cause of action and defendant's residence or business location. Analysis: 1. The judgment addresses the issue of jurisdiction concerning the cause of action and the defendant's residence or business location. The Court emphasized that the cause of action in the case did not wholly arise in Calcutta, as it involved various aspects beyond the fraudulent representations and release executed there. The property in question was primarily located in Bombay, impacting the determination of the cause of action. The Court highlighted the importance of where the release took effect and the practicalities of handling matters related to the property's location. 2. The Court delved into the interpretation of the clause in the Charter of the High Court of 1865 regarding jurisdiction. It scrutinized the language of the clause concerning the defendant's residence or business location, emphasizing the need for a comprehensive understanding to include cases with multiple defendants. Drawing parallels to English legal interpretations, the Court concluded that the clause required all defendants to dwell or carry on business within the jurisdiction for the suit to be brought in Calcutta without the Court's leave. 3. Additionally, the judgment discussed the implications of seeking an account and appointing a receiver in the suit. It highlighted the practical challenges and potential inconveniences associated with handling these aspects of the case in Calcutta, especially considering the property's location in Bombay. The Court deliberated on the suitability of Calcutta High Court for appointing a receiver and the complexities involved in dealing with matters related to property situated outside its jurisdiction. 4. The Court further explored the reasoning behind the decision to reverse the order granting leave to bring the suit in Calcutta. It considered the discretion exercised by the lower court judge, emphasizing the importance of jurisdictional matters and the impact on the parties involved. The judgment reflected on the potential hardships faced by the plaintiff in pursuing the case in Bombay and the defendants' willingness to forego security for costs. Ultimately, the Court determined that the suit should be brought in the High Court at Bombay based on various considerations and reversed the order granting leave to bring the case in Calcutta. 5. In conclusion, the judgment underscored the significance of jurisdictional considerations, the interpretation of legal clauses, and the practical implications of handling complex cases involving property located in different jurisdictions. The Court's decision to reverse the order and direct the plaint to be taken off the file was based on a thorough analysis of the legal framework and the parties' circumstances, ensuring a fair and appropriate resolution in the matter.
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