Challenging jurisdiction of court
Navin Raj
(Querist) 30 September 2009
This query is : Resolved
Dear Members,
My former employer filed a money recovery suit at a Delhi court. The plaintiff is a Delhi based pvt Ltd company & have tried to prove that i had worked in Delhi whereas the fact is that i had always worked out of Delhi, gave a promissory note out of Delhi , the note got dishonored (means the payment was stopped by me)at a local bank ( operated by the branch of the co.)out of Delhi.
I read sections 19 & 20 of CPC 1908 & examples given does not relates to me. I want to challenge the jurisdiction of the delhi court & wants to bring the case to my home town.
Pls advise
PJANARDHANA REDDY
(Expert) 30 September 2009
FIRST FILE WRITTEN STATEMENT AND THEN FILE AN I.A TO PROVE THE JURISDICTION, THEN IF SUCCEED IN IA ,THEN THE MATTER ENDS . WHY U WANT TO TR OF CASE UR HOME TOWN.
Raj Kumar Makkad
(Expert) 30 September 2009
Preliminary objections in th written statement should specifically contain the point of jurisdiction and an application should also be annexed seeking decision of the point/issue of jurisdiction of the court prior to initiation of the case. There are numerous citations in support of your points.
Navin Raj
(Querist) 30 September 2009
Many thanks for the reply. I never thought that the replies would come so fast.
Yes my advocate have objected to it in the written statement on my behalf.
Further, the cheque given was given in favour of the plaintiff company but UNDATED & AMOUNT UNFILLED, later the plaintiff allegedly filled it with a higher amount. The original amount was Rs.80,172/ and they filled the chq with Rs.145111/- Can i seek a relief / go against the said plaintiff?
Suresh C Mishra
(Expert) 30 September 2009
I am agree with Sri Makkad please follow him.
Raj Kumar Makkad
(Expert) 01 October 2009
The complainant is bound to prove the legal liability of the accused person towards the complainant over the amount filled in the cheque hence if wrong amount has been filled, strongly object this and onus lies with complainant to prove.
Navin Raj
(Querist) 01 October 2009
Thank you all.
Sachin Bhatia
(Expert) 01 October 2009
P.O. in the Written statement should specifically contain the point of jurisdiction.
vinjamuri ranga babu
(Expert) 01 October 2009
hello,
you can make an application to decide the jurisdiction as preliminary issue by giving all the evidences.
vr
