Questions Related to Jurisdiction | (I). A resides at Shimla, B at Calcutta and C at Delhi. A, B and C being together at Benaras, B and C executed a joint promissory note payable on demand and delivered it to A. At what place can A sue B and C?… (II).

Question:

(I). A resides at Shimla, B at Calcutta and C at Delhi. A, B and C being together at Benaras, B and C executed a joint promissory note payable on demand and delivered it to A. At what place can A sue B and C? Under what circumstances would leave of the court be necessary?

(II). X resides at Deoria, Y at Faridpur, and Z at Khulna. Y and Z jointly borrow Rs. 2,500 from X at Mymen Singh. Discuss whether X can bring his suit against Y and Z at Deoria, Faridpur, Khulna, or Mymen Singh.

Find the answer to the mains question only on Legal Bites. [Questions Related to Jurisdiction | (I). A resides at Shimla, B at Calcutta and C at Delhi. A, B and C being together at Benaras, B and C executed a joint promissory note payable on demand and delivered it to A. At what place can A sue B and C?… (II).]

Answer

(I)

In this problem section 20 will apply and the facts are similar facts to the illustration ( b) of the section. 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. However, to sue at Delhi or Calcutta, sub-clause (b) of section 20 will be applicable which states that:

(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 works for gain, as aforesaid, acquiesce in such institution.

Therefore, the non-resident defendant has to agree otherwise the suit cannot proceed at Calcutta or Delhi without the leave of the court.

(II)

Section 20 of the Code of Civil Procedure, 1908 applies to this problem and such a suit can be filed:

• • Where the cause of action, wholly or partly arises; or
  • Where the defendant resides or carries on business or personally works for gain;

Therefore, X can bring a suit at Mymen Singh and also at Faridpur or Khulna. But the suit will not lie at Deoria where neither the defendant resides nor the cause of action arose.

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