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Place of Suits

In order to determine the place of suing, the provisions of sections 16, 17 and 20 of the Code of Civil Procedure, 1908 lay down certain rules. Suits for immovable property can only be instituted in the court within the local limits of whose jurisdiction the property or any portion thereof is situated. Neither a Presidency nor a Provincial Small Causes Court can try such suits.

Suits for compensation for a wrong done to the person or to movable property may be instituted at the option of the plaintiff in the court of the place where the wrong was done or the court of the place where the defendant resides or carries on business, or personally works for gain.

All other suits may be instituted at the option of the plaintiff in any of the following courts, namely:-
  • 1the court at the place where the cause of action arises either wholly or in part;
  • 2the court of the place where the defendant resides or carries on business, or personally works for gain;
  • 3where there are two or more defendants the court of the place where anyone of them resides or carries on business or personally works for gain, provided that in such case either leave of the court is given, or the defendant who does not reside, or carryon business or personally works for gain, in that place, acquires a basis for such jurisdiction.

The High Courts of Calcutta, Madras and Bombay possess original jurisdiction. The extent of their ordinary original civil jurisdiction is defined in dause 12 of their respective Charters.

The effect of the provisions of clause 12 is that barring certain suits, the said High Courts can try :-
  • 1Suits For Land
    • if the land is situated wholly within the local limits of the ordinary original civil jurisdiction of the said High Courts; or
    • where the land or property is situated in part only within the said limits, if the leave of the court shall have been obtained.
  • 2Suits other than those for land
    • if the cause of action has arisen whooly within said limits; or
    • the cause of action has arisen in part only within said limits, the leave of the court shall have been first obtained; or
    • if the defendant at the time of the commencement of the suit dwells, or carries on business, or personally works for gain, within such limits.