Wide meaning of "relating to" and "arising out of" excludes a fraud challenge to a mortgage decree from City Civil Court jurisdiction.

Expressions such as "relating to" and "arising out of" are of wide amplitude and extend beyond the original mortgage transaction. A suit challenging the validity of a mortgage decree for fraud, together with an injunction against execution, remains sufficiently connected with the mortgage because setting aside the decree would revive the mortgage, while sustaining it would preserve the decree-based relationship. On that construction, the subject-matter attracted the jurisdictional exclusion in Item 7 of the First Schedule of the City Civil Courts Act, 1953, and the City Civil Court lacked jurisdiction to entertain the suit.

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Issues: Whether a suit seeking a declaration that a mortgage decree is void for fraud, and consequential injunction against execution, is a suit relating to or arising out of a mortgage so as to fall within the jurisdictional bar in Item 7 of the First Schedule of the City Civil Courts Act, 1953.

Analysis: The phrases "relating to" and "arising out of" are of wide amplitude and are not confined to the original mortgage transaction alone. A suit that challenges the validity of a mortgage decree necessarily concerns the subsistence and legal effect of the mortgage relationship, because setting aside the decree would revive the mortgage, while upholding it would leave the parties in the position of judgment-debtor and judgment-creditor under the mortgage decree. On that construction, the subject-matter of the suit is sufficiently connected with the mortgage to attract the statutory exclusion.

Conclusion: The suit fell within Item 7 of the First Schedule of the City Civil Courts Act, 1953, and the City Civil Court lacked jurisdiction to entertain it.

Ratio Decidendi: Statutory expressions of wide amplitude such as "relating to" and "arising out of" extend to suits that directly or indirectly challenge the validity or continued effect of a mortgage decree, because such disputes remain sufficiently connected with the mortgage itself.

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