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SECTION 20 OF CODE OF CIVIL PROCEDURE 1908

What is the meaning Other suits to be instituted where defendants reside or cause of action arises? Section 20 of Code of Civil Procedure 1908

Other suits to be instituted where defendants reside or cause of action arises is defined under Section 20 of Code of Civil Procedure 1908. Provisions under this Section is:

Section 20 of Code of Civil Procedure 1908 "Other suits to be instituted where defendants reside or cause of action arises"

Subject to the limitations aforesaid, every suit shall be instituted in a Court within the local limits of whose jurisdiction—

(a) the defendant, or each of the defendants where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain; or

(b) any of the defendants, where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain, provided that in such case either the leave of the Court is given, or the defendants who do not reside, or carry on business, or personally work for gain, as aforesaid, acquiesce in such institution; or

(c) the cause of action, wholly or in part, arises.

Explanation I.—Where a person has a permanent dwelling at one place and also a temporary residence at another place, he shall be deemed to reside at both places in respect of any cause of action arising at the place where he has such temporary residence.

Explanation II.—A corporation shall be deemed to carry on business at its sole or principal office in {Subs. by Act 2 of 1951, s.3, for "the States".} [India] or, in respect of any cause of action arising at any place where it has also a subordinate office, at such place.

Illustrations

(a) A is a tradesman in Calcutta. B carries on business in Delhi. B, by his agent in Calcutta, buys goods of A and requests A to deliver them to the East Indian Railway Company. A delivers the goods accordingly in Calcutta. A may sue B for the price of the goods either in Calcutta, where the cause of action has arisen, or in Delhi, where B carries on business.

(b) A resides at Simla, B at Calcutta and C at Delhi. A, B and C being together at Benares, B and C make a joint promissory note payable on demand and deliver it to A.A may sue B and C at Benares, where the cause of action arose. He may also sue them at Calcutta, where B resides, or at Delhi. There C resides; but in each of these cases, if the non-resident defendant objects, the suit cannot proceed without the leave of the Court.

Code of Civil Procedure 1908

What is Short title, extent, commencement and provisions? Section 1 of Code of Civil Procedure 1908

What are the definitions? Section 2 of Code of Civil Procedure 1908

What is Subordination of Courts, What is Savings? What is the Application of the Code to Revenue Courts? Section 3, 4, and 5 of Code of Civil Procedure 1908

What is Pecuniary jurisdiction? What are Provincial Small Cause Courts? What is Presidency Small Cause Courts? Section 6, 7, and 8 of Code of Civil Procedure 1908

What is the meaning Courts to try all civil suits unless barred? What is Stay of suit? What is Res judicata? Section 9, 10 and 11 of Code of Civil Procedure 1908

What is Bar to further suit? When foreign judgment not conclusive? What is Presumption as to foreign judgments? Section 12, 13 and 14 of Code of Civil Procedure 1908

Court in which suits to be instituted? What is the meaning Suits to be instituted where subject matter situate? Section 15 and 16 of Code of Civil Procedure 1908

What is the meaning Suits for immovable property situate within jurisdiction of different Courts? Section 17 of Code of Civil Procedure 1908

Where is the Place of institution of suit where local limits of jurisdiction of Courts are uncertain? Section 18 of Code of Civil Procedure 1908

What is Suits for compensation for wrongs to person or movables? Section 19 of Code of Civil Procedure 1908

What is the meaning Other suits to be instituted where defendants reside or cause of action arises? Section 20 of Code of Civil Procedure 1908


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