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1926 (12) TMI 6

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..... 1922. The sale was in April 1922 at which the mortgagees purchased the properties. It is true that a writ for delivery of possession was issued in September 1922 by way of execution on the Original Side of the High Court. 2. The present application concerns a suit brought by the defendants to that mortgage suit on the 20th of April 1925. It appears that that suit was brought to set aside the de .....

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..... called a District Court, but includes the local limits of a High Court in its ordinary original civil jurisdiction. that is a very different thing indeed from saying that the words District Court, wherever they appear in the Code of Civil Procedure mean and include a High Court in the exercise of its ordinary original civil jurisdiction. If that is what was intended to be laid down by Mr. Justi .....

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..... ake steps on the ground of malicious abuse of process or on the ground of forum conveniens. We are not here to advise. We will not for the sake of dealing with this case lay down a principle which would interfere with the settled practice and constitution of this Court. In my opinion, this application is incompetent and mast be dismissed with costs. Charu Chander Ghose, J. 5. I entirely ag .....

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