rupareliya (advocate) 19 November 2008

JURISDICTION OF CIVIL COURT

My cliant is a bussiness man residing at GUJARAT

he has purchase fine flour from RAJASTAN AT GANGA NAGAR

but he has sent this order throu agent at Ahmedabad Gujarat

the sender has sent the said flour at Porbandar-Gujarat at F.O.R.basise

and get insurence also

My claint has get the product at porbandar and give cheque wich is also put in the U.T.I. Bank at porbandar

So no cause of action arise at Shree Ganganagar Rajastan

but they have file suit from Shree Ganganagar Rajastan

ple. guid me how to defend the suit

Reply Follow

4 Replies

M. PIRAVI PERUMAL (Advocate & Consumer Rights) 19 November 2008

Man, Can you reproduce the cause of action portion narrated in the plaint so that effective suggestion/guidance to defend the case may be given to you.

Sushil Kumar Bhatia (Advocate) 19 November 2008

dear,

you have not mentioned the nature of suit,suit related to business dealing the cause of action arose at Shree Ganga nagar where business dealings were made or suit related to cheque bounce etc the cause of action arose either of porbandar or Shree Ganaganagar .

Lokanadham .C (Advocate & Tax Consultant) 10 December 2008

Before that fact, the client has to give the type of transaction which is come under civil nature and criminal nature.

it it is criminal nature jurisdiction of court is where the occurance was happens except that under section 138 of negotiable instrument act, 1881.

if it is civil nature where the business transaction was started or where the defendant is living .

ashok kumar (advocate) 10 December 2008

Friend at first step plz say the nature of suit. it seems 1/2 portion is related to transaction in the light of contract act 1/2 portion says about ni act. so please clear the nature by way of plaint then suggestion could be poured towards you.

ashok