Civil Procedure Code, 1908, Section 20 -- Territorial jurisdiction - Court has to examine, whether part of cause of action arose at place where suit was filed or whether Plaintiff or defendant reside at that place - Finding given without considering these factors - Cannot be sustained...........
Civil Procedure Code, 1908, Section 20 -- Territorial jurisdiction - Accrual of cause of action - Suit for money for goods sold - Despatch of goods by common carrier as per order placed by purchaser - Cause of action arises at place from where goods were despatched - Suit at such place is maintainable...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Territorial jurisdiction - Issue as to - Should be treated as preliminary issue...........
Civil Procedure Code, 1908, Section 20 -- Specific performance of agreement of sale - Territorial jurisdiction - Court in whose jurisdiction the agreement was executed has jurisdiction to entertain suit for specific performance simpliciter even if the property is situated outside jurisdiction of that court...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary Issue - suit for rendition of accounts - territorial jurisdiction - cause of action arises at the place where the business is carried on and books of account use kept and where the accounts are to be rendered - Partnership deed available on record to reach decision on issue without adducing further evidence-issue..........
Civil Procedure Code, 1908, Section 21(3) -- Finding on territorial jurisdiction - Cannot be reversed by Appellate Court without recording a finding that there has been a failure of justice...........
Civil Procedure Code, 1908, Section 21(1) -- Principles enunciated applicable to suits though section applies to appeals and revisions - Objection regarding territorial jurisdiction of a Court - Should be raised before settlement of issues - Cannot be raised thereafter - Even if a plea regarding jurisdiction taken in written statement but not pressed at the time of..........
Civil Procedure Code, 1908, Section 21(1), Order 6, Rule 17 - - Amendment of written statement to raise objection regarding territorial jurisdiction of Court - Cannot be allowed at a late stage...........
Civil Procedure Code, 1908, Section 25 -- As amended by Act 104 of 1976 - Transfer of suit by Supreme Court - Factors to be taken into consideration : (I) suit ex facie instituted deliberately in a wrong Court if prima facie on the pleadings sufficient justification for such a plea, objection to territorial jurisdiction being relevant factor; (2) relationship between the..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Question of returning plaint for want of territorial jurisdiction should be treated as preliminary issue...........
