Suit to enforce mortgage - Property mortgaged situated at Ajmer - Bombay City Civil Court can entertain a suit with regard to a mortgage if the property, the subject-matter of the mortgage, is situated outside its jurisdiction.

Citation

AIR 1952 BOMBAY 75

BOMBAY HIGH COURT

(Principal Seat at BOMBAY)

CHAGLA , C.J. and GAJENDRAGADKAR , J.

O.C.J. Appeal No. 17 of 1951, D/- 27 - 6 - 1951

Goverdhanlal Bansilal Plaintiff-Appellant v. Ramrichpal Dalsukhrai Defendant-Respondent

Bombay City Civil Court Act (40 of 1948), S.12 - Suit to enforce mortgage - Property mortgaged

situated at Ajmer - City Civil Court if can entertain suit - Mortgage created by deposit of title

deeds in Bombay - Jurisdiction of High Court to entertain suit. Civil P.C. (5 of 1908), S.16 -

Letters Patent, Cl.12 -

The jurisdiction, of the Bombay City Civil Court is governed by the Civil P. C. Under S. 16 of the

Code no Court can entertain a suit with regard to a mortgage if the property, the subject-matter of the

mortgage, is situated outside its jurisdiction. Therefore, although the amount involved in a mortgage

suit is less than Rs. 25,000, yet where the plaintiff wants to enforce the mortgage and the property in

respect of which the mortgage is created is in Ajmer the City Civil Court cannot entertain the suit.

It is only with regard to those suits which have been made cognizable by the City Court by reason

of the Bombay City Civil Court Act that the jurisdiction of the High Court has been taken away; but

with regard to all those suits which are cognizable by the High Court and which have not been made

cognizable by the City Court, the jurisdiction of the High Court continues. A suit on a mortgage is

not a suit for land; it is a suit to enforce a debt, and although the property mortgaged is outside the

jurisdiction, yet if the deposit of title-deeds is made in Bombay, the High Court has jurisdiction to

entertain and try the suit.

 (Para 1)