Jurisdiction of Promissory Note.
allurisivajiraju
(Querist) 05 October 2009
This query is : Resolved
Respected Seniors,
Suit for Pronote. Plaintiff residing at Kaikaluru and suit promissory note was executed at Kaikaluru. Defendant residing at Tadepalli Gudem. While executing suit promissory note residence of the plaintiff was mentioned clearly as Kaikaluru and subsequently suit was filed at PJCJC of Kaikaluru. Defendant not taken any specific defence with regarding to the jurisdiction in his written statement.
Suit was posted for marking of documents and cross of PW-1. On that day Court has taken an objection that there is no specific column in the suit promissory note for place of execution of Pronote. In fact there is no specific column for place of execution of pronote except address of the plaintiff.
In the above circumstances the Plaintiff counsel taken an adjournment to submit hearing to the Court with regarding to the jurisdiction.
Now my question is, is it applicable the principle of ‘DEBTOR SEEKS CREDITOR’.
Is there any solutions to the plaintiff.
Thanking you in advance.
A V Vishal
(Expert) 05 October 2009
Territory of a court is decided after taking into account several factors. They are:
In Case Of Immovable Property: If the suit is with regard to recovery, rent, partition, sale, redemption, determination of right of immovable property, it shall be instituted in the court within the local limits of whose jurisdiction the property is situated.
Immovable Property Situated Within The Jurisdiction Of Different Courts: In such a case the suit may be instituted in any court within the local limits of whose jurisdiction any portion of the property is situated.
In Case Of Dispute Between Two Or More Persons With Respect To Movable Property, Business Or Any Other Wrong Done: Where a wrong has been caused to a person, or any damage has been caused to a movable property, then the suit may be instituted either,
- In the place, where wrong or damage has been caused, or
- In the place, where defendant (the person who caused the loss) resides.
Where there is a dispute in business, agreement or any other kind of civil dispute, except matrimonial matter, then the suit may be instituted either,
- In a place, where the defendant resides, or carries on business, or
- In a place, where the cause of action has arisen, i.e. where the dispute or wrong took place
Raj Kumar Makkad
(Expert) 06 October 2009
A place where even iota of cause of action has accrued, is th eproper place for filing the suit and in the given circumstances, the proper place has been chosen by you and i suggest u to contest this matter.
