Ankur Goel @ Complete Law Shield
Responded 2 years ago
A.no
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
As per Section 20 of CPC, if the cause of action arose in Varanasi or the defendant resides in Varanasi, the Civil Court of Varanasi will have territorial authority to hear the case.
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As per Section 20 of CPC, if the cause of action arose in Varanasi or the defendant resides in Varanasi, the Civil Court of Varanasi will have territorial authority to hear the case.
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A.Hi,
In the event of recovery suits, Section 20 of the CPC establishes territorial jurisdiction, which is defined as either where the defendant resides, where he works for a living, or where the cause of action or a part of the cause of action has arisen. If either of these is in Varanasi then the Civil Court in Varanasi will have territorial jurisdiction to preside over the matter.
If you find this answer helpful please rate my answer. Thank you.
In the event of recovery suits, Section 20 of the CPC establishes territorial jurisdiction, which is defined as either where the defendant resides, where he works for a living, or where the cause of action or a part of the cause of action has arisen. If either of these is in Varanasi then the Civil Court in Varanasi will have territorial jurisdiction to preside over the matter.
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A.in what capacity you are filing the suit depends
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A.See as per the Section 16 of CPC the suit can be filed at a place where the cause of action arose or the subject is situated.
Section 16 of Code of Civil Procedure, 1908
Section 16. Suits to be instituted where subject-matter situate .-
Subject to the pecuniary or other limitations prescribed by any law, suits-
(a) for the recovery of immovable property with or without rent or profits,
(b) for the partition of immovable property,
(c) for foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable property,
(d) for the determination of any other right to or interest in immovable property,
(e) for compensation for wrong to immovable property,
(f) for the recovery of movable property actually under distraint or attachment, shall be instituted in the Court within the local limits of whose jurisdiction the property is situate:
Provided that a suit to obtain relief respecting, or compensation for wrong to, immovable property held by or on behalf of the defendant may, where the relief sought can be entirely obtained through his personal obedience, be instituted either in the Court within the local limits of whose jurisdiction the property is situate, or in the Court within the local limits of whose jurisdiction the defendant actually and voluntarily resides, or carries on business, or personally works for gain.
Explanation .-In this section "property" means property situate in [India].
Section 16 of Code of Civil Procedure, 1908
Section 16. Suits to be instituted where subject-matter situate .-
Subject to the pecuniary or other limitations prescribed by any law, suits-
(a) for the recovery of immovable property with or without rent or profits,
(b) for the partition of immovable property,
(c) for foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable property,
(d) for the determination of any other right to or interest in immovable property,
(e) for compensation for wrong to immovable property,
(f) for the recovery of movable property actually under distraint or attachment, shall be instituted in the Court within the local limits of whose jurisdiction the property is situate:
Provided that a suit to obtain relief respecting, or compensation for wrong to, immovable property held by or on behalf of the defendant may, where the relief sought can be entirely obtained through his personal obedience, be instituted either in the Court within the local limits of whose jurisdiction the property is situate, or in the Court within the local limits of whose jurisdiction the defendant actually and voluntarily resides, or carries on business, or personally works for gain.
Explanation .-In this section "property" means property situate in [India].
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