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...the plaint to the respondent, herein for presentation to it before the competent court at Delhi.In view of Section 20 of CPC, though the suit has to be instituted, where the cause .... Such contract could not override the legal proposition regarding the territorial jurisdiction of the Court to hear the suit. As per Section 20(b) of CPC, every suit sh...respondent. So, it was averred that the plaint is liable to be rejected under Order 7 Rule 11 CPC.In reply, it was averred that as per provision under Section 20 of...
...Education Society Regd & Ors.' whereby the leave to institute the suit under Section 20 sub-Section (b) of Code of Civil Procedure, 1908 (in short
...
Ashok Vihar where the original and the basic cause of action had arisen.
9. Learned senior counsel, while referring to sub-Section (...appearing for the respondents/plaintiffs invites attention of this Court to the provisions of Section 20(b) of CPC and submits that no such leave or an independent application for the pur...
...ambit of Section 20(b) of CPC which provides that every suit shall be instituted in a court within the local limits of whose jurisdiction any of the d...in a place where substantial part of the cause of action has arisen. Section 20 CPC, on the other hand, makes it clear that a court within whose jurisdiction the cause of action wholly or in part...provisions of the Arbitration Act as well as Section 20 of the CPC. A Full Bench of Delhi High Court in Shri R...
...Section 20(b) of the CPC, was sought when the suit was instituted.3. On the applications of the defendants requesting for a decision on the question ...is, 5-7-1961, the plaintiff-appellant filed an application before the lower appellate Court purporting to be one under S. 151 read with Section 20 of the CPC. In this application the plai...granting leave under section 20, clause (b) of the cpc. In order to lend support to the argument that the finding of acquiescence given by the trial Court was proper, the learned counsel contended...
...or objected to the territorial jurisdiction of this Court. In any event by way of immense precaution respondent no.1 had filed an application under Section 20(b) of CPC seeking relief ...of the civil court. Pertinently respondent No. 1 had also filed an application under Section 20 Code of Civil Procedure, 1908 (hereinafter referred to as "CPC") seeking leave to sue the...under Section 13(1A) of the Commercial Courts Act, 2015 has been filed against the Order dated 28.07.2023 allowing the I.A.11644/2023 of the plaintiff directing the appellant/defendant No.3 to...
...the Trial Court and no prior permission from the Trial Court was obtained to sue him at Bijnor, as required under Section 20(b) of the CPC and the suit was liable to be...in view of the objection taken in paragraph 9 of the written statement.4. It was the contention of the learned Counsel that tinder Section 20(b) of the ...jurisdiction along in view of Section 20(b) CPC was taken. Section 115 empowers the High Court to exercise the powers of revision in a case which has been decid...
...immovable property situate abroad by enforcing their judgments by process in personam i.e. by arrest of the Defendant or by attachment of property as contemplated under Order XXI Rule 32 of CPC; that similarly a de...) Section 20 of the CPC is a residuary provision and “… covers those cases not falling within the limitation of Section 15 to 19”
(iv) According to him, ...CPC. Further independent of the provisions of Section 16 of CPC, it is not permissible for the Plaintiffs to argue that the suit is filed under the provisions of section ...
...section 20(b) of CPC too enables the plaintiff to file a suit where the defendant works for gain or carry on business or actually and voluntarily resides, the plaintiff contends.... Being so, section 20(C) of the CPC too does not help the plaintiff in preferring the suit above in the Court at Dimapur.54. In view of the above, I am constra...also could not establish that defendant No. 1 carries on business in any place in the city of Dimapur through his agent/dealer in a way as required under section 20(b) of ...
...case of defamation being telecasted, section 20 of cpc will have no application. Even Illustration ‘B’ to section 19 of cpc makes it clear that the jurisdiction would be...Sunil Gaur, J.:— Impugned order of 15th November, 2014 returns appellant's plaint under Order 7 Rule 10 of CPC while holding that the Delhi courts do not have the...territorial jurisdiction over the subject matter of the plaint.2. Appellant had filed a suit for permanent injunction and damages wherein it was claimed that respondents-defendants have...
...India for the purpose of determining the local jurisdiction of the courts because that would be engrafting something on to S. 20.”.2. Section 20 of the CPC lays down the ru...application of this rule to Section 20 of the CPC. It is, therefore, clear that the Delhi Courts have no jurisdiction to hear this case and the revision petition fails and must be dismissed. There is no...….’, AIR 1951 Punj 33 (A). My brother Kapur J. was a member of the Bench which heard that case and he observed—“The technical rule of the debtor seeking the creditor is not applicable in...
...defendant No. 3 resides, carries on its business outside the territory of this Court and Section 20(b) of CPC specifies that any of the defendants, where there...in Patel Roadways Ltd. (supra) has clearly observed that “the explanation in Section 20(c) of CPC deals with two parts; (a) As to where the corporation can be said to carry on business a...process section 20 of the cpc was interpreted in the following manner:9. Clauses (a) and (b) of Section 20 inter alia refer to a Court ...
...rejection of the plaint being barred on the ground of jurisdiction. He has submitted that the suit is barred in view of the provisions of Section 20 of the CPC, more
...impugned order dated 29.02.2020. It is the case of the defendant that the court, in which the suit is filed, is not having the jurisdiction in view of Clause (a) and (b) of Section 20 of ...defendant has stated and asserted that the plaintiff is a partner of their firm and hence, as per Clause (a) and (b) of Section 20 of the CPC, the appropriate place would be to institute ...
...") seeking rejection of the plaint being barred on the ground of jurisdiction. He has submitted that the suit is barred in view of the provisions of Section 20 of the CPC, more...the impugned order dated 29.02.2022. It is the case of the defendant that the court, in which the suit is filed, is not having the jurisdiction in view of Clause (a) and (b) of Section 20 .... The defendant has stated and asserted that the plaintiff is a partner of their firm and hence, as per Clause (a) and (b) of Section 20 of the CPC, the appropriate place would be to inst...
...their judgments by process in personam i.e. by arrest of the Defendant or by attachment of property as contemplated under Order XXI Rule 32 of CPC; that similarly a decree for specific
17...with and decide the rights or interests in such property.
(ii) Section 20 of the CPC is a residuary provision and
"… covers those...that the suit is filed under the provisions of section 20 of the CPC. Section 16 is the substantive provision and it would be rendered meaningless if the submissions advanced by Mr. Dwarkadas are ...
...contemplated under Order XXI Rule 32 of CPC; that similarly a decree for specific
17
performance and injunction can both be executed;
...of the provisions of Section 16 of CPC, it is not permissible for the Plaintiffs to argue that the suit is filed under the provisions of section 20 of the CPC. ...Trial Court that Section 20 would apply to the present case to enable the parties to choose the forum is fallacious. Section 20 of the CPC, which allows a party to file a suit in a Court within wh...
...their judgments by process in personam i.e. by arrest of the Defendant or by attachment of property as contemplated under Order XXI Rule 32 of CPC; that similarly a decree for specific
17...with and decide the rights or interests in such property.
(ii) Section 20 of the CPC is a residuary provision and
"… covers those...that the suit is filed under the provisions of section 20 of the CPC. Section 16 is the substantive provision and it would be rendered meaningless if the submissions advanced by Mr. Dwarkadas are ...
...contemplated under Order XXI Rule 32 of CPC; that similarly a decree for specific
17
performance and injunction can both be executed;
...of the provisions of Section 16 of CPC, it is not permissible for the Plaintiffs to argue that the suit is filed under the provisions of section 20 of the CPC. ...Trial Court that Section 20 would apply to the present case to enable the parties to choose the forum is fallacious. Section 20 of the CPC, which allows a party to file a suit in a Court within wh...
...their judgments by process in personam i.e. by arrest of the Defendant or by attachment of property as contemplated under Order XXI Rule 32 of CPC; that similarly a decree for specific
17...with and decide the rights or interests in such property.
(ii) Section 20 of the CPC is a residuary provision and
"… covers those...that the suit is filed under the provisions of section 20 of the CPC. Section 16 is the substantive provision and it would be rendered meaningless if the submissions advanced by Mr. Dwarkadas are ...
...their judgments by process in personam i.e. by arrest of the Defendant or by attachment of property as contemplated under Order XXI Rule 32 of CPC; that similarly a decree for specific
17...with and decide the rights or interests in such property.
(ii) Section 20 of the CPC is a residuary provision and
"… covers those...that the suit is filed under the provisions of section 20 of the CPC. Section 16 is the substantive provision and it would be rendered meaningless if the submissions advanced by Mr. Dwarkadas are ...
...defendant and plaintiff are residing at Udupi and pressed into service Section 20(b) and (c) of CPC for dismissing the suit for want of territorial jurisdiction.
3. ...issues came to be framed, for reasons best known writ petitioner / defendant filed an application under Order VII Rule 10, 11A and Order X Rule 2 read with Section 20(b) and (c) CPC to reject the
...that he is born and brought up at Sagar and he is also carrying on business as an artisan at Sagar. It is also noticed by the trial Court that under Clause (c) of Section 20 where...