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SS (Other)     01 November 2010

Jurisdiction of courts-civil

Q.  Is it permissible for parties to a contract to agree upon the jurisdiction of a particular court, say Delhi courts, for dispute resolution? Similarly, can the parties contract out some jurisdiction, say all courts in India except Delhi? What is the effect of such an agreement and will this agreement prevail over the statutory provisions for fixing jurisdiction on a case?



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 9 Replies

N.K.Assumi (Advocate)     01 November 2010

Any agreement in violation of statutory provisions is illegal.

prof s c pratihar (medical practitioner &legal studies)     01 November 2010

in some agreement it is written within jurisdiction of bangalore only etc , the party is confused.this is a wrong pronouncement. jurisdiction to be decided by ld judge not by you.in short everything expplained mr assumi.

kranthi (retainer advocate)     01 November 2010

It depends upon the  type contract u entering, it is pemisable, if wrongly any case filed before the court which has no jurisdiction the court will order to file the case to which court thiscase has jurisdiction.

bhupender sharma (head)     01 November 2010

THE supreme court says the parties cannot confer  the jurisdiction by mere a agreement the section 20 of the CPC has to be looked into.

niranjan (civil practice)     01 November 2010

Suppose  parties at Delhi enter into contract for performance of contract at another place and if in that contract parties agree for exclusive and only jurisdiction either at Delhi or at the place where the act is tobe performed,such exclusion of jurisdiction is correct. But otherwise parties cannot at their own volition can confer jurisdiction.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     02 November 2010

Section 20 of CPC deals with other suits are to be instituted where defendants reside or cause of action arises. Every suit shall be instituted in a court within the local limits of whose jurisdiction.

SACHIN AGARWAL (ADVOCATE)     02 November 2010

The jurisdiction is vested in Civil Courts at the palce where the Defendant reside or where the cause of action arose. Any agreement contrary to law is null and void.

 

In case there are two places where the suit can be filed, the parties may exclude  any one of them by mutual consent. The Courts having no jurisdiction in the matter cannot be opted by the parties by executing an agreement.

 

Please refer the following :

 

1. M/S ANGILE INSULATIONS V/S M/S DAVY ASHMORE INDIA LTD.

2. DHANNA LAL V/S KALAWATI BAI 2003 ALL. C.J. 38

SS (Other)     03 November 2010

thanks everyone for your responses. I agree with your opinion.

ajay jain (advocate)     04 November 2010

If cause of action arises in area of more courts than one, parties by agreement fix where the proceedings may be launched.


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