Section 19 of The Code of Civil Procedure, 1908
Suits for compensation for wrongs to person or movables.
Where a suit is for compensation for wrong done to the person or to movable property, if the wrong was done within the local limits of the jurisdiction of one Court and the defendant resides, or carries on business, or personally works for gain, within the local limits of the jurisdiction of another Court, the suit may be instituted at the option of the plaintiff in either of the said Courts. Illustrations
- (a)A, residing in Delhi, beats B in Calcutta. B may sue A either in Calcutta or in Delhi.
- (b)A, residing in Delhi, publishes in Calcutta statements defamatory of B. B may sue A either in Calcutta or in Delhi.
Summary
- This section gives the plaintiff a choice of where to sue for personal wrongs or damage to movable items.
- A "wrong" includes physical injuries (wrongs to the person) or damage to items like furniture or cars (movables).
- The plaintiff can choose the court in the district where the wrong actually happened.
- Alternatively, the plaintiff can choose the court where the defendant lives, carries on business, or works for gain.
- This provision applies specifically to compensation claims for these specific types of injuries or damages.
Practical examples
FAQ
1. If someone from another city hits me, where can I sue them for compensation under The Code of Civil Procedure, 1908?
Under Section 19 of the Civil Procedure Code, you have the option to sue them either in the city where the incident happened or in the city where they live or work.
2. Can I sue for damaged property in my own city if the damage happened elsewhere according to the Civil Procedure Code?
Under Section 19 of the Code of Civil Procedure, 1908, you can only sue in your own city if the defendant happens to live or work there. Otherwise, you must sue where the damage occurred.
3. Does Section 19 of the Code of Civil Procedure apply to land disputes?
No, Section 19 of the Code of Civil Procedure, 1908, applies only to compensation for "wrongs to person or movables" (like personal injury or damaged goods), not immovable property like land.
Test yourself
1.Under Section 19 of The Code of Civil Procedure, 1908, for a suit involving a personal injury, who has the option to choose the court?
2.If A (living in Delhi) damages B's car in Calcutta, where can B sue A under Section 19 of The Code of Civil Procedure, 1908?
3.To which type of property does Section 19 of The Code of Civil Procedure, 1908, apply?
4.Under Section 19 of The Code of Civil Procedure, 1908, "personally works for gain" refers to what?