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T SANKAR RAO (-)     04 September 2025

Money recovery suit

The cause of action for the   suit first arose  in Dec.2023 at oral requests of the Defendant residing in Guntur obtained   a hand loan from the Plaintiff. Pursuant thereto, at the request of the defendant, the Plaintiff residing in Nellore advanced monies to the Defendant by way of electronic bank transfers, partly through his ICICI bank account at Chennai (total Rs.50000) and partly through his HDFC bank account at Nellore (total Rs.100000) on various dates between Dec.2023 and May,2025. The cause of action further arose when the Defendant failed and neglected to repay the said amounts despite repeated demands by  issuing  legal notices by Regd.Post     from Plaintiff's  residence at Nellore, calling upon the Defendant specifically requesting him  to repay the whole  amount of loan by crediting to the Plaintiff's HDFC Bank at Nellore   which the Defendant failed to comply with. The cause of action is thus continuous and subsisting, What is the teritorial jurisdiction of the Court for filing the money recovery suit, at Chennai, Guntur or Nellore for whole amount? 



 3 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     04 September 2025

It can be filed where the defendant resides or where the money owed arose.

T. Kalaiselvan, Advocate (Advocate)     05 September 2025

You can file a suit in a court with territorial jurisdiction if any of the following apply:
 
The defendant resides or carries on business within the court's territorial limits.
The cause of action (the event that gave rise to the debt, like a breach of contract) arose, either entirely or partially, within the court's territorial limits.

Dr. J C Vashista (Advocate )     05 September 2025

Jursdiction of the court is governed under the provisions of Section 15 to 20 of the Code of Civil Procedure, 1908, where cause of action or part of cause of action arose i.e., defendant resides or works for gains. 


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