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shonith (Law Officer)     18 July 2009

Place of filing suit-Money suit

Dear All,

Our company had given some goods to a customer in UP by credit and the post dated cheque he has given  was also bounced and now  he is evading payment for that goods.The customer's redidence and place of business is at UP.The goods were supplied from our depot at DELHI.

So, whether we can file a suit for money based on that cheque or invoice at DELHI i.e the place of DEPOT from where the goods were supplied?

Thanks & regards

Shonith



 5 Replies

meenu (student)     18 July 2009

in this case the  suit  must be filed at up where the plaintiff resides

shonith (Law Officer)     18 July 2009

Dear Meenu,

In CPC it has been found that a suit for recovery of money can be filed at "

The suit may be filed  in a place, where the defendant resides, or carries on business, or  in a place, where the cause of action has arisen, i.e. where the dispute or wrong took place" So, whether the place of DEPOT from where the goods were dispactched doesn't comes under the clause " place, where the cause of action has arisen"?
Shonith

Adv. Deepak (Advocate)     18 July 2009

Dear Shonith,  You have been issued cheque as against the receipt of goods and that cheque was bounced.  The place at which place the cheque was issued and  the place at which it was deposited are the places where the cause of action arose to you and at that places you can file the suitl.  Regards.

prof s c pratihar (medical practitioner &legal studies)     18 July 2009

hundi was drawn at delhi.it was accepted in calcutta.delhi can assumi jurisdiction.AIR 1982 cal34.draft was issued at madras for payment atbombay branch.suit at madras is maintainableAIR 1983Mad357.hope you got the reply.

A V Vishal (Advocate)     19 July 2009

Jurisdiction of civil courts can be divided on two basis.

Pecuniary/Monetary

Territorial / Areawise Classification

Pecuniary/Monetary Jurisdiction

Pecuniary jurisdiction of the court divides the court on a vertical basis.

- Suits amounting to Rs.1 - Rs.20, 00,000 lie before district courts.
- Suits over and above Rs. 20,00,000/- lie before High Courts.

  • It is very important to note that the amount of pecuniary jurisdiction is different for all High Courts. This limit is decided by respective High Court Rules.
  • In many states High court has no pecuniary jurisdiction. All civil suits go before District Courts, and only appeal lies before High Court.

Territorial Jurisdiction

Territorial Jurisdiction divides the courts on a horizontal basis.

District Courts

For example in Delhi, there are three District level courts, viz. Patiala House, Tis Hazari and Karakardooma. All these courts have nearly same powers. However, being on a same horizontal line, these courts are divided territory wise, i.e. area wise. Again for example, cases pertaining to South Delhi, New Delhi and West Delhi will lie before Patiala House, and North Delhi cases will lie before Tis Hazari, and cases pertaining to East Delhi will lie before Karakardooma.

High Court

Similarly High Court of two different states, say Delhi, and Punjab may have similar powers in their respective states, but are divided on the basis of area. Cases pertaining to Delhi will lie before Delhi High court and cases pertaining to Punjab will lie before Punjab High Court.

 

 

How Is Territory Decided?

Territory of a court is decided after taking into account several factors. They are:

  • In Case Of Immovable Property: If the suit is with regard to recovery, rent, partition, sale, redemption, determination of right of immovable property, it shall be instituted in the court within the local limits of whose jurisdiction the property is situated.
  • Immovable Property Situated Within The Jurisdiction Of Different Courts: In such a case the suit may be instituted in any court within the local limits of whose jurisdiction any portion of the property is situated.
  • In Case Of Dispute Between Two Or More Persons With Respect To Movable Property, Business Or Any Other Wrong Done: Where a wrong has been caused to a person, or any damage has been caused to a movable property, then the suit may be instituted either,
    - In the place, where wrong or damage has been caused, or
    - In the place, where defendant (the person who caused the loss) resides.

    Where there is a dispute in business, agreement or any other kind of civil dispute, except matrimonial matter, then the suit may be instituted either,
    - In a place, where the defendant resides, or carries on business, or
    - In a place, where the cause of action has arisen, i.e. where the dispute or wrong took place


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