Advocate dishi (AM LEGAL) 29 November 2014
wat abut cause of action ?cause of action is important part
Advocate Bhartesh goyal (advocate) 29 November 2014
As per sec 20 of CPC suit can be filed at place where opposite party resides or carries on business or where cause of action wholly or partly arises. convince the court that plaintiff had provided services at Punjab but payment for such services had to be made by defendant at Delhi.Defendant failed to make such payment at Delhi so cause of action arose at Delhi. .
Vijay Kumar (Advocate) 29 November 2014
Whether objection to Jurisdiction has been taken in Written Statement?
T. Kalaiselvan, Advocate (Advocate) 03 December 2014
Even without objection to jurisdiction by the defendant, the court may dismiss the suit on jurisdictional point of view if the suit is not falling within the jurisdiction of the court. Since the cause of action is at Punjab, a suit may be filed in the state of Punjab in the town where the cause of action arose or in the state of Maharashtra where the defendant resides now. Since there is no written contract at all, the clause of jurisdiction for legal issues cannot be established now merely based on the payments received at Delhi.