Law: Civil Procedure Code (V of 1908)

Section: O.VI,R.10,S.20(c),19

Law: Civil Procedure Code (V of 1908)

Section: O.VI,R.10,S.20(c),19

Civil Procedure Code (V of 1908)-------O. VII, Rr.2, 10 & S.20---Suit for recovery of amount---Territorial jurisdiction of court---Return of plaint---Plaintiff filed suit for recovery of amount against defendants in court at place `H'---Case of contesting defendants was that none of the defendants resided or work for gain within territorial limits of the courts at place `H'; and that the cause of action alleged by the plaintiff arose entirely within the limits of the courts at place `I'---Defendants prayed that plaint be returned to the plaintiff for filing it before a court of competent jurisdiction, which according to them was court at place `I'---Trial Court allowed application by the defendants to return the plaint, but on filing appeal by the plaintiff, Appellate Court set aside order of the Trial Court and remanded the suit to Trial Court for further proceedings, including consideration of the issue of territorial jurisdiction after framing a proper issue with regard thereto---Validity---If there was a refusal or failure to repay any money lent, either in whole or part, that would constitute part of the cause of action of any suit; and it would be regarded as having arisen at the place where the amount lent was to be repaid---Courts of that place would have territorial jurisdiction over the matter under S.20(c), C.P.C.---If the agreement between the parties did not indicate as to where the money was to be paid; and the relevant facts and circumstances also did not so indicate, then the principle that the debtor must seek his creditor would become applicable and the courts at place where the creditor resided or worked for gain, would have territorial jurisdiction---In the present case neither written agreement existed, nor there appeared to be any stipulation as to where the money lent by the plaintiff to the defendants was to be returned---Part of the cause of action in the case had arisen at place `H'---Suit filed by the plaintiff, in circumstances, was within the territorial jurisdiction of court at place `H'---Appellate Court had arrived at the correct conclusion, in holding that civil court at place `H' did have territorial jurisdiction in the…

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