JURISDICTION OF CIVIL COURT

In terms of provisions of Sections 19 and 20 of Code of Civil Procedure, 1908 (CPC), territorial jurisdiction lies with that Court where whole or part of cause of action arises. The burden of proof is always on the plaintiff to prove that the court has the jurisdiction where the suit has been filed.

The suit as provided u/S 19 of CPC, has to be filed at a place. (i) where the wrong is done or (ii) where the Defendant resides or carries on business or personally works for gain. Under Section 19 there are two twin conditions which have to be fulfilled; first is that the wrong has been done within the jurisdiction of one Court and the defendant resides outside the jurisdiction of the Court where the wrong has been done. It is clear that the phrase "wrong done" is not used in any narrow sense but has to be understood in all its amplitude so as to afford forum and necessary relief. Thus, the phraseology used in Section about "the wrong done" would clearly take in not only the initial action complained of but its result and effect. Delhi High Court Captain Kersy Ratonsha Driver vs Nepc India Ltd. on 13 March, 2013

WHERE MORE THAN ONE DEFENDANT:

A bare reading of Section 20 of CPC also makes it clear that where there are more than one Defendant, a suit can be instituted in a court within the local limits of whose jurisdiction, where each of the Defendants actually and voluntarily resides or carries on business or personally works for gain. But in case of a Defendant who does not reside or carries on business or personally works for gain, the suit can be instituted only with the leave of the court or if the Defendant acquiesces in such suit.

The Code of Civil Procedure, 1908 (CPC) contains detailed provisions governing the subject of territorial jurisdiction as contained in Part I in the second section captioned "place of suing". The provision contained in Section 20 CPC appearing in the said part is noted as under :-

―Section 20 - Other suits to be instituted where defendants reside or cause of action arises - Subject to the limitations aforesaid, every suit shall be instituted in 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 - 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.‖