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What is the Proper Place of Suing in the Following Cases?

January 13, 2019 0 Comment

(e) A suit for specified performance of a contract of sale of immovable property; and

(f) A suit for a tort.

(a) A suit by a guardian for the custody of his ward may be brought in the court of the place from where the ward was removed or at the place to which the ward was removed.

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(b) A suit for damages for infringement of a trade mark may be brought in the court of the place where the defendant resides or in the court of the place where the defendant publishes advertisements constituting infringement of the trade mark.

(c) A corporation is 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.

The suit can therefore, be brought at the principal place of business, generally the registered office, or, where there are subordinate or branch offices, the suit can be brought in the court where the subordinate office is situate in respect of cause of action arising there.

(d) A suit for mesne profit is a suit for profit or benefit arising out of immovable property and the suit is governed by Section 16 of the Code of Civil Procedure. It can, therefore, be instituted in the court within 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.

(e) A suit for specific performance of a contract of sale of immovable property is governed by Section 16 of the Code of Civil Procedure and can be instituted in the court within 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.

(f) A suit for a tort may be brought either where the wrong was committed or where the defendant resides or caries on business.

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