18.

Place of institution of suit where local limits of

jurisdiction of Courts are uncertain .-(1) Where it is alleged
to be uncertain within the local limits of the jurisdiction of
which of two or more Courts any immovable property is
situate, any one of those Courts may, if satisfied that there is
ground for the alleged uncertainty, record a statement to
that effect and thereupon proceed to entertain and dispose of
any suit relating to that property, and its decree in the suit
shall have the same effect as if the property were situate
within the local limits of its jurisdiction:
Provided that the suit is one with respect to which the Court
is competent as regards the nature and value of the suit to
exercise jurisdiction.
(2) Where a statement has not been recorded under sub-
section (1), and an objection is taken before an Appellate or
Revisional Court that a decree or order in a suit relating to
such property was made by a Court not having jurisdiction
where the property is situate, the Appellate or Revisional
Court shall not allow the objection unless in its opinion there
was, at the time of the institution of the suit, no reasonable
ground for uncertainty as to the Court having jurisdiction
with respect thereto and there has been a consequent failure
of justice.

19. Suits for compensation for wrongs to person or

movables.-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.
  A residing in Delhi, beats B in Calcutta. B may sue A
either in Calcutta or in Delhi
 A, residing in Delhi, publishes in Calcutta statements
defamatory of B, B may sue either in Calcutta or in
Delhi.
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 a 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.
(a) A is a tradesman in Calcutta, B carries on business in
Delhi. B, by his agent in Calcutta, buys goods of A and
requests A to deliver them to the East Indian Railway
Company. A delivers the goods accordingly in Calcutta. A
may sue B for the price of the goods either in Calcutta, where
the cause of action has arisen or in Delhi, where B carries on
business.

(b) A resides at Simla, B at Calcutta and C at Delhi A, B and

C being together at Benaras, B and C make a joint
promissory note payable on demand, and deliver it to A. 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; but in each of these cases, if the
non-resident defendant object, the suit cannot proceed
without the leave of the Court.

 Three things are covered –

o Each of the defendant

o Any of the defendant

o Cause of action arises

 Union of India vs Laulal Jain- Defendant should not be

put to the trouble and expense of travelling long
distance to defend himself.

 Cause of action- Cause of action means every fact

which it is necessary for the plaintiff to prove, if
traversed, in order to entitle him to decree the
suit.(read vs brown)

 Where the suit relates to both movable and immovable

property the court has no jurisdiction to entertain it if
the immovable property is wholly outside its
jurisdiction.

 A suit for infringement of copyright or trademark lies

at the place where the defendant resides or the
infringement has taken place.

 Where place is fixed for payment of debt the court of

that place will have jurisdiction. Otherwise a suit to
recover the money borrowed may be brought at the
place where the defendant resides.
 21. Objections to jurisdiction .- (1)] No objection as to the
place of suing shall be allowed by any Appellate or Revisional
Court unless such objection was taken in the Court of first
instance at the earliest possible opportunity and in all cases
where issues are settled, at or before such settlement, and
unless there has been a consequent failure of justice.
(2) No objection as to the competence of a Court with
reference to the pecuniary limits of its jurisdiction shall be
allowed by any Appellate or Revisional Court unless such
objection was taken in the Court of first instance at the
earliest possible opportunity, and, in all cases where issues
are settled, at or before such settlement, and unless there
has been a consequent failure of justice.
(3) No objection as to the competence of the executing Court
with reference to the local limits of its jurisdiction shall be
allowed by any Appellate or Revisional Court unless such
objection was taken in the executing Court at the earliest
possible opportunity, and unless there has been a
consequent failure of justice.
 Three conditions
o The objection must have been taken in the court
of first instance.
o It was taken at the earliest possible opportunity
and in cases where issues are settled, at or
before settlement of issues.
o There has been consequent failure of justice.
 All these three conditions must coexist
PARTIES TO SUITS

 Order 1 deals with parties to the suit. Plaintiff and

defendants are called parties to the suit. It contains
following provisions
o Joinder, misjoinder and non- joinder of parties
 o Addition, deletion and substitution of parties
o Representative suit
 Necessary party – If suit cannot be effectively
disposed of without him i.e. no order can be effectively
made. Non joinder of necessary party – suit is liable to
be dismissed. In a suit for eviction – not making tenant
a party – who will vacate?
 Proper party – whose presence enables the court to
adjudicate the matter more effectively and completely.
In case of non joinder – suit is not dismissed. Ex
 Misjoinder – where a person who is not a necessary or
proper party, has been made a party to the suit
 Non-joinder – Where a person who is necessary or
proper party to a suit has not been joined as a party to
the suit.
9. Misjoinder and nonjoinder. - No suit shall be defeated by
reason of the misjoinder or nonjoinder of parties, and the
Court may in every suit deal with the matter in controversy
so far as regards the rights and interests of the parties
actually before it:
Provided that nothing in this rule shall apply to nonjoinder of
a necessary party.
 Misjoinder – joining contrary to the provisions
o Misjoinder is not fatal to the suit
o Where there is misjoinder the court has power
inder o1 r 10 to strike out the name
 Non joinder – non joining necessary party
o Non joinder of necessary party – court will give
opportunity to the plaintiff to add necessary
party- if still not done – dismissal
o Non joinder of proper party- not fatal to the suit.

JOINDER OF PARTIES