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Varinder Malik (Advocate)     02 February 2013

Jurisdiction

Hello dear Collegues,

 

I have to file a suit for the recovery of an amount of Rs. 20 lacs on the basis of email. brief fact are that if A is residing at USA and B a resident of ludhiana and B requests A to give him a loan. A authorises his banker at chandigarh to tranfer the amount of 5 lacs directly to the account of B and same was done. Now again Rs.10 Lacs was given directly to B from Usa through Wire Transfer. Thereafter a D.D was also issued at chandigarh in favour of mother of B. finally the a/c was transferred to patiala and some amount was also transferred from patiala to the a/c of B.

                        Now my question is whether suit for recovery can be filed at Patiala. If yes, any judgement in support?



Learning

 3 Replies

R.K Nanda (Advocate)     02 February 2013

no, u cannnot file suit at Patiala as the defendant lives at ludhiana.

1 Like

(Guest)

Nanda Sir has already replied the query.

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Advocate Bhartesh goyal (advocate)     14 February 2013

Recovery suit can be filed at place wher the opposite party resides or carries on  the business or where the cause of action wholly or partly arises.in your case last payment was made from Patiala so part of cause of action arised there thus Patiala court has also jurisdiction to try the case.

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