Good day,
A person had given various amounts vide cheques over a period of time as donations and gifts. He now claims the same to be loan and has filed a suit for the recovery of the same.
The main motive is to harass the defendants by initiating the suit in a far off place; so that that it becomes difficult for the defendants to appear for proceedings.
The cheques were from accounts situated in Haryana/Maharashtra. The amounts were deposited in a/c located in Haryana/Uttaranchal. The residence at that point of time of the plaintiff and the defendants was in Haryana. Only now has the plaintiff shifted to Uttar Pradesh, and has filed a suit from there. To form jurisdiction of the local court, he alleges that the cheques were handed over in Uttar Pradesh and that the receivers specifically came to u.p to receive the same. He does not have any material evidence to show the same.
Wanted to know the following:
1) Are there any citations (of similar matters) that can be referred to in the case; the same being a typical one?
2) If so, would be thankful if could pls post them.
3) Is the onus on the plaintiff to prove the presence of defendants in u.p or is for the defendants to prove the contrary?
