'A' residing in Delhi, beats `B' in Kolkata. Where the suit may be instituted for compensation by 'B' in this case?

Question: ‘A’ residing in Delhi, beats 'B’ in Kolkata. Where the suit may be instituted for compensation by ‘B’ in this case? Give reasons in support of your answer and also mention relevant provision.

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Answer

Section 19 of Code of Civil Procedure, 1908 states that “where a suit is for compensation for 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 problem, the wrong of beating ‘B’ was committed in Kolkata and defendant ‘A’ resides in Delhi. This, in view of the provisions made in Section 19, the suit against ‘A’ by ‘B’ for the compensation may be instituted either in Kolkata where wrong was committed or in Delhi where the defendant resides.

The facts of this problem have been taken from Illustration (b) of Section 19.

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