Section 20 of The Code of Civil Procedure, 1908
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. 1**** * 2[Explanation].-- A corporation shall be deemed to carry on business at its sole or principal office in 3 [India] or, in respect of any cause of action arising at any place where it has also a subordinate office, at such place. Illustrations
- (a)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 the goods either in Calcutta, where the cause of action has arisen, or in Delhi, where B carries on busines.
- (b)A resides at Simla, B at Calcutta and C at Delhi. A, B and C being together at Benaras, B and C make a joint promissory note payable on demand, and deliver it to A. A may sue B and C at Benaras, where the cause of action arose. He may also sue them at Calcutta, where B resides, or at Delhi, where C resides; but in each of these cases, if the non-resident defendant objects, the suit cannot proceed without the leave of the Court.
Summary
- This is a general rule for all lawsuits not covered by the property or injury rules in previous sections.
- A suit can be filed where the defendant lives or works at the time the case begins.
- If there are multiple defendants, you can sue where any one of them lives, provided the court gives permission or the others agree.
- A suit can also be filed in the court where the "cause of action" (the legal reason for the suit) happened, either entirely or even just a part of it.
- For corporations, "carrying on business" means their main office or any branch office where the cause of action actually arose.
Practical examples
FAQ
1. Where do I file a general civil suit if there are several people I am suing under The Code of Civil Procedure, 1908?
Under Section 20 of the Civil Procedure Code, you can sue in a court where any one of them lives or works, but you usually need the court's permission or the other defendants must agree to it.
2. What does "cause of action" mean in the context of the Code of Civil Procedure?
In Section 20 of the Code of Civil Procedure, 1908, the "cause of action" is the specific set of facts or events (like a broken contract or a debt) that gives you the legal right to seek a remedy from the court.
3. Can I sue a big company in my local court under the Code of Civil Procedure?
According to Section 20 of the Code of Civil Procedure, 1908, you can sue a corporation where it has its main office or at a branch office if the event you are suing about happened in that branch's area.
Test yourself
1.Section 20 of The Code of Civil Procedure, 1908, is "subject to the limitations aforesaid." This refers to which earlier rules?
2.Under Section 20 of The Code of Civil Procedure, 1908, if a suit is filed where only one of three defendants resides, what is required for it to proceed?
3.Where is a corporation deemed to "carry on business" under Section 20 of The Code of Civil Procedure, 1908?
4.Under Section 20 of The Code of Civil Procedure, 1908, a plaintiff can sue where the "cause of action" arises. How much of the cause of action must happen in that district?