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Judgment
For the purpose of deciding this appeal, it is sufficient to refer to the 3rd prayer in the plaint in which the plaintiff asks for a declaration that the
mortgages executed in favour of the defendants Nos. 5 to 8 are invalid as against the plaintiff. As the properties affected by the mortgages are
admittedly situated beyond the jurisdiction of the Sub-Court, it could have no jurisdiction to take cognizance of the prayer, because it clearly asks
the Court to determine whether defendants Nos. 5 to 8 have an interest in Immovable property. The proviso to Section 16, Civil Procedure Code,
has no application to such a case, as the relief is not one that can be rendered to the plaintiff by the personal obedience of the defendants. Benode
Behari Bose v. Nistarini Dassi 15 M.L.J. 331 is not in point. That suit was for administration in the High Court and was governed by the Letters
Patent. The Privy Council held that the suit, was not one for land beyond the original jurisdiction of the High Court. This suit clearly comes within
Clause (d) of Section 16, Civil Procedure Code. We dismiss the appeal with costs. We allow the memo, of objections and direct the plaintiff to
pay the defendant''s costs is the lower Court also. He will also pay the costs of the memo of objections.