Section 11 of The Dekkhan Agriculturists' Relief Act, 1879
Agriculturists to be sued where they reside.
Every suit of the description mentioned in Section 3, clause (w)1, may, if the defendant, or, when there are several defendants, one only of such defendants, is an agriculturist, be instituted and tried in a Court within the local limits of whose jurisdiction such defendant resides, and not elsewhere. Every such suit in which there are several defendants who are agriculturists may be instituted and tried in a Court within the local limits of whose jurisdiction any one of such defendants resides, and not elsewhere. Nothing herein contained shall affect sections 22 to 25 (both inclusive) of the 1Code of Civil Procedure. [* * *]
Summary
- If a lawsuit is filed to recover specific kinds of money from an agriculturist (a farmer or agricultural worker), it must be filed in a court that controls the local area where the agriculturist lives.
- The person filing the lawsuit is called the plaintiff, and the person being sued is the defendant. The area a court controls is its jurisdiction.
- This rule applies to lawsuits for money lent, money paid for the defendant, the price of goods sold, an agreed balance of money owed (an account stated), or a written or unwritten promise to pay money.
- If there are multiple defendants in the lawsuit and only one is an agriculturist, the lawsuit must still be filed in the local court where that single agriculturist lives.
- If there are multiple defendants who are all agriculturists living in different areas, the plaintiff can choose to file the lawsuit in the local court of any one of those agriculturists.
- These specific location rules do not change or override sections 22 to 25 of the Code of Civil Procedure.
Practical examples
FAQ
1. If I lend money to a farmer and they do not pay it back, where do I have to sue them?
You must sue them in a court within the local limits of where the farmer (the agriculturist defendant) resides.
2. What happens if I am suing five people together, but only one of them is an agriculturist?
You still have to file the lawsuit in the local court where that one single agriculturist resides. The presence of the other non-agriculturist defendants does not change this protection.
3. What if I am suing three people who are all agriculturists, but they live in three different towns?
You can choose to institute and try the suit in the local court of any one of those agriculturist defendants.
4. Does this location rule apply to every type of lawsuit against a farmer?
No. It only applies to specific money lawsuits mentioned in Section 3, clause (w), such as recovery of money lent, price of goods sold, or an engagement for the payment of money.
Test yourself
1.Under Section 11 of The Dekkhan Agriculturists' Relief Act, 1879, if a merchant wants to sue a single agriculturist for the price of goods sold, where exactly must the merchant institute the lawsuit?
2.Under Section 11 of The Dekkhan Agriculturists' Relief Act, 1879, how does the jurisdiction rule apply if a lawsuit for money lent involves four defendants, but only one of them is an agriculturist?
3.Under Section 11 of The Dekkhan Agriculturists' Relief Act, 1879, if a plaintiff is suing multiple defendants who are all agriculturists living in different court jurisdictions for an unwritten engagement for payment, where must the suit be tried?
4.Section 11 of The Dekkhan Agriculturists' Relief Act, 1879 creates specific local jurisdiction rules for suing agriculturists. Which other legal rules are explicitly mentioned in Section 11 as remaining unaffected by these rules?
5.Section 11 of The Dekkhan Agriculturists' Relief Act, 1879 cross-references Section 3, clause (w). Based on this cross-reference, which of the following lawsuits against an agriculturist would trigger this special residency rule?