New FLASH SALE Dhamaka - Flat 60% Off on All Courses

    Question

    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 goods at-
    A in Calcutta Correct Answer Incorrect Answer
    B where cause of action has arisen Correct Answer Incorrect Answer
    C in Delhi Correct Answer Incorrect Answer
    D Any of the above. Correct Answer Incorrect Answer

    Solution

    CPC  S. 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 works 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.   Illustration (a) may be referred.

    Practice Next