Law:

Section:

Civil Procedure Code (V of 1908)--

----0. VII, R. 10 & S. 19---Territorial jurisdiction of Court---Suit for damages---Return of plaint---Validity of---A l the defendants in suit were residing/carrying on work at `R' and cause of action had also arisen at `R'---Plaintiff was residing at `P' and had instituted suit for damages at `P'---Plaint was returned to plaintiff for presentation before proper Court---Plaintiff's choice to sue defendants was circumscribed by two conditions i.e. place where cause of action had accrued and place where defendant was residing/carrying on business or persona ly worked for gain---Where defendants were residing/carrying on work at `R' and cause of action had also arisen at `R' plaintiff's residence at `P' was not determinative of territorial jurisdiction within meaning of S.19, Civil Procedure Code, 1908---Plaint was thus, rightly returned to plaintiff for presentation before proper Court.

ORDER