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queryking (MD)     25 March 2011

Civil jurisdiction

Learned friends here is a question about jurisdiction:

1) Mr A residing at palce called "Naitve place"

2) Mr.B is a bank doing business at the palce called "Bank Place"

3) Mr.A has availed loan to purchase a JCB from Mr.B. and has given his immovable properties as security situating at "Native Place"

4) Now B is trying to take the posession of the JCB unlawfully.

5) Mr A wants to file injunction suite against Bank, where he has to institute the suite?




Learning

 6 Replies

adv. rajeev ( rajoo ) (practicing advocate)     26 March 2011

At his native place.  That court has got jurisdiction to try the suit.

adv. rajeev ( rajoo ) (practicing advocate)     26 March 2011

At his native place.  That court has got jurisdiction to try the suit.

G.S.Sannaveerappa (Lawyer/Advocate)     26 March 2011

As per the agreement terms and conditions , but you filed the injunction suit aganist bank in vahicale owner native place or defendant business  place.

1 Like

zahur (Advocate)     26 March 2011

Mr. A he has submite to her suite angainst bank were is native place or Bank  business  place. 

1 Like

S.A.AHMED (Advocate)     26 March 2011

The nature of the suit as appears from the query is a suit for injunction restraining the Bank from taking unlawful possession of the JCB.  This cause of action has taken place at the Bank's place. Hence the suit will lie at the Bank's place. 

1 Like

Narendra Sharma (Consultant)     27 March 2011

 

I agree with Mr. S.A. Ahmed.


The nature of the suit is a suit for injunction restraining the Bank from taking unlawful possession of the JCB.  This cause of action has arisen at the Bank's place. Hence the suit will lie at the Bank's place. 


1 Like

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