Sec.20 of C.P.C - Territorial Jurisdiction - suit for recovery of money based on Contract - As per the admitted plaint averments, the office of the defendants is located in Pargi, the offer made by the petitioner was accepted at Pargi, the contract was entered between the petitioner and the respondents at Pargi and the same was executed within the jurisdiction of the Court at Pargi.- Plaint returned with objection - as an after thought added the acceptance of contract was received at Malkajgiri - Trail court returned the plaint to file in proper court - Revision - Their Lordships held that if filing of suit is based on making of a contract, the cause of action arises at the place where the offer is accepted and if the suit is based on termination of a contract, the cause of action arises at the place where such termination order is received. Admittedly, the suit is based on making of a contract and not on termination of the contract.- dismissed the revision - 2015 Telangana & A.P. msklawreports
The petitioner filed the above-mentioned suit against the
respondents for recovery of certain money based on a contract.
As per the admitted plaint averments,
the office of the defendants is located in Pargi,
the offer made by the petitioner was accepted at Pargi,
the contract was entered between the petitioner and the respondents at Pargi and the same was
executed within the jurisdiction of the Court at Pargi.
According to the petitioner, as the acceptance of the
contract made by the respondents was received by him at
Malkajgiri, the Court at Malkajgiri has territorial jurisdiction.
The lower Court while returning the plaint has observed
that the ingredients of Section 20 of the Code of Civil Procedure
are not satisfied as the place of work or business of the
respondents does not fall within its jurisdiction or that the
property in respect of which the contract has been executed is
also not situated within its jurisdiction.
A further observation
was made that though initially the p…
respondents for recovery of certain money based on a contract.
As per the admitted plaint averments,
the office of the defendants is located in Pargi,
the offer made by the petitioner was accepted at Pargi,
the contract was entered between the petitioner and the respondents at Pargi and the same was
executed within the jurisdiction of the Court at Pargi.
According to the petitioner, as the acceptance of the
contract made by the respondents was received by him at
Malkajgiri, the Court at Malkajgiri has territorial jurisdiction.
The lower Court while returning the plaint has observed
that the ingredients of Section 20 of the Code of Civil Procedure
are not satisfied as the place of work or business of the
respondents does not fall within its jurisdiction or that the
property in respect of which the contract has been executed is
also not situated within its jurisdiction.
A further observation
was made that though initially the p…