Section 20 of the Code of Civil Procedure, 1908

Section 20 CPC lays down the general territorial rules for institution of suits not governed by the preceding provisions on place of suing. It focuses on the defendant's residence, business or personal work for gain, and the place where the cause of action wholly or partly arises.

Legal text reviewed: September 6, 2026. The central provision below should be read with applicable State amendments, local laws, pecuniary limits and binding judicial decisions.

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 -

  1. 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
  2. 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
  3. the cause of action, wholly or in part, arises.

Explanation regarding corporations

A corporation shall be deemed to carry on business at its sole or principal office in 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 Benaras, B and C make a joint promissory note payable on demand, and deliver it to A. A may sue B and C at Benaras, where the cause of action arose. He may also sue them at Calcutta, where B resides, or at Delhi, where C resides; but in each of these cases, if the non-resident defendant objects, the suit cannot proceed without the leave of the Court.

In brief: Section 20 generally permits a suit to be filed where the defendant resides, carries on business or personally works for gain, or where the cause of action arises wholly or in part. Where there are multiple defendants and the chosen Court is connected with only some of them, leave of the Court or acquiescence by the others is required under clause (b).

Important amendment notes

Official reference: Code of Civil Procedure, 1908 - India Code. For litigation or professional use, also verify applicable State amendments, current pecuniary limits and binding decisions on territorial jurisdiction and cause of action.