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Profile_May282019 (Others)     26 November 2021

Jurisdiction for filing a summary suit

The site (https://www.indialawoffices.com/knowledge-centre/summary-suit) says the 

Suit can be instituted at the place

  1. where the Defendant resides,
  2. place where he carries on business or personally works for gain or
  3. the cause of action wholly or partly arises.

My lawyer says it needs to be filed in the place where the Cheque bounce has happened. I have the Criminal case filed  in the jurisidction where the Chque bouce occured.  I want to file a Summary suit, but confused based on the informationI am getting.

What should be  the Jurisdiction for  filing the summary suit - defendent location or the jurisdiction where the cheque got bounced?

 

 

 



 5 Replies

Shashi Dhara   26 November 2021

Continue where you have filled ,let opposite rise about jurisdiction .

Advocate Bhartesh goyal (advocate)     26 November 2021

As Per sec 20 CPC Civil suit for recovery of amount can be filed at place where defendant resides or carries on business or where cause of action partly or wholly arises.Jurisdiction lies for filling  criminal cases where office occurred but for civil cases lies where opposite party resides or carries on business or where cause of action arises.

2 Like

Profile_May282019 (Others)     26 November 2021

@Advocate Bhartesh goyal
Thank you for the reply. Really appreciate.

Dr J C Vashista (Lawyer)     28 November 2021

Well advised by expert Mr. Bhartesh Goyal, I agree.

Civil courts jurisdiction and criminal courts jurisdiction has been explained in respective code(s), read and enlighten others.

However, you have already engaged / hired the professional services an able, intelligent  and competent lawyer why do you need second opinion except the fact it is available FREE OF COST ? 

Profile_May282019 (Others)     29 November 2021

@Dr J C Vashista

1. How do you know that I already have a lawyer  for this specific case?  Can't I hire multiple lawyers depending on the type of the case?

2. Even if i have one, How do you know he or she is already able, intelligent  and competent?

3. Why do you think I am asking the question only because it is available FREE OF COST ? 

My suggestions to you would be, first  of all please do not make assumptions. Secondly, this is public forum and  the questions can be asked by anyone and answered by anyone who is interested, unless the owners of this  site/forum want to put  moderate and restrict the users  ASSUMING that the questions are being asked because it is available FREE OF COST.

I hope that answers.


 


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