In which court suit be filed in the case for compensation for the wrong done to movable property at place ‘A, where the plaintiff resides place 'B' and the defendant resides at place ‘C’.

Question: In which court suit be filed in the case for compensation for the wrong done to movable property at place ‘A, where the plaintiff resides place ‘B’ and the defendant resides at place ‘C’. [Raj. J.S. 1974]

Find the answer to the mains question only on Legal Bites. [In which court suit be filed in the case for compensation for the wrong done to movable property at place ‘A, where the plaintiff resides place ‘B’ and the defendant resides at place ‘C’.]

Answer

Section 19 of Code of Civil Procedure, 1908 states that “where a suit is for compensation for the wrong done to the person or to movable property, if the wrong was done within the local limits of the jurisdiction of one Court and the defendant resides, or carries on business, or personally works for gain, within the local limits of the jurisdiction of another Court, the suit may be instituted at the option of the plaintiff in either of the said Courts.”

This problem is based on section 19. The relevant provision of Section 19 on which this problem is based, provides that in case of wrong done to person or movable property, the suit may be instituted for compensation either in the court within the local limits of whose jurisdiction, the wrong to the person or property was done, or in the court within whose local jurisdiction defendant resides/carries on business/personally works for gain.

In the instant case, wrong was done to ‘movable property’ thus case would be governed by Section 19 and a suit for compensation for the wrong done to movable property may be filed at place ‘A’ where wrong was done in respect of movable property or at place ‘C’ where the defendant resides.

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