Mahesh 11 October 2022

Jurisdiction

Plaint amended by removing some of items in plaint schedule properties AND as a result present trial court where case was filed 9 years ago doesnot have territorial jurisdiction over the remaining plaint schedule properties. only 2 out of 4 defendants cross examined till now. defendant took stand saying court doesnt have jurisdiction any more as result of removing some items in plaint schedule of properties. can the present trial court still try the case? any remedy to retain the lost territorial jurisdiction?

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Quick Summary

A case filed nine years ago is facing a jurisdiction challenge after the plaintiff amended their claim, removing some scheduled properties. This amendment has resulted in the current trial court potentially losing territorial jurisdiction over the remaining properties. The defendant argues the court can no longer hear the case. The discussion explores whether the court can still proceed and suggests a remedy of withdrawing the suit with court permission to refile with an enhanced valuation.