Anibrata Sen vs Ashoke Kumar Dutta on 1 April, 2025

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Ms. Gargi Goswami, learned Counsel, is appearing for the plaintiff.

2. The plaintiff has filed the present suit for recovery of an amount of

Rs. 29,80,158.89 along with interest at the rate of 18% per annum.

3. The plaintiff has prayed for leave under Clause 12 of the Letters

Patent, 1865 as well as under Order II Rule 2 of the Code of Civil

Procedure.

4. Counsel for the plaintiff submits that the office of the defendant is

situated outside the jurisdiction of this Court and as such leave

under Clause 12 is required. Counsel for the plaintiff further

submits that though the plaintiff has filed the suit for recovery of

money but there is a chance that further damages might be

ascertained during the pendency of the suit and, as such, leave

under Order II Rule 2 is required.

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