JURISDICTION IN RESPECT OF SUITSCentral

Section 18A of The Presidency Small Cause Courts Act, 1882

1[18A. Plaintiff may abandon suit against defendant resident out of jurisdiction.—The Small Cause Court may allow a plaintiff at or before the first hearing of a suit in which a joint and several liability is alleged on a cause of action arising either wholly or in part within the local limits of the jurisdiction of the Court to abandon the suit as against any defendant who does not reside or carry on business or personally work for gain within such local limits, and to sue for a decree against such defendants only as do so reside, carry on business or personally work for gain.]

Summary

The plaintiff can drop or abandon the case against a defendant who does not live or work locally.
This applies to suits involving joint and several liability, which means two or more people are together or individually responsible for a debt.
This abandonment must happen at or before the first hearing of the case.
After dropping the non-resident defendant, the plaintiff can continue the case and get a decree against the remaining local defendants.

Practical examples

1Vikram lends 1,500 rupees to Rajesh and his business partner Dev on July 10, 2026. Rajesh lives in Bombay, but Dev lives in Delhi. Since they are both jointly and separately liable, Vikram can drop Dev from the Bombay suit before the first hearing and proceed only against Rajesh.

2Neha is owed 1,200 rupees for office supplies by two business partners, Tarun and Amit. Tarun lives in Madras, but Amit lives in a remote village outside the court's jurisdiction. Neha decides at the first hearing to drop Amit from the lawsuit so she can get a quick court decree against Tarun alone.

FAQ

1. When must a plaintiff decide to drop a non-resident defendant under Section 18A of The Presidency Small Cause Courts Act, 1882?

Under Section 18A of The Presidency Small Cause Courts Act, 1882, the plaintiff must choose to abandon the suit against the non-resident defendant at or before the first hearing of the suit.

2. Does Section 18A of The Presidency Small Cause Courts Act, 1882 apply to all kinds of debts?

No, under Section 18A of The Presidency Small Cause Courts Act, 1882, this option applies to suits where a joint and several liability, meaning shared and individual legal responsibility, is alleged against the defendants.

3. What can a plaintiff do after dropping a defendant under Section 18A of The Presidency Small Cause Courts Act, 1882?

Under Section 18A of The Presidency Small Cause Courts Act, 1882, after dropping the non-resident defendant, the plaintiff can proceed with the lawsuit to get a decree against the defendants who do reside or work within the local limits of the court.

4. Where must the cause of action arise for Section 18A of The Presidency Small Cause Courts Act, 1882 to apply?

Under Section 18A of The Presidency Small Cause Courts Act, 1882, the cause of action must have arisen either wholly or in part within the local limits of the court's jurisdiction.

Test yourself

Q1.Under Section 18A of The Presidency Small Cause Courts Act, 1882, by what stage of the lawsuit must the plaintiff abandon the suit against a non-resident defendant?

Q2.Under Section 18A of The Presidency Small Cause Courts Act, 1882, what type of liability must be alleged in the suit for this provision to apply?

Q3.What is the direct consequence for the remaining local defendants when a plaintiff drops a non-resident defendant under Section 18A of The Presidency Small Cause Courts Act, 1882?

Q4.Under Section 18A of The Presidency Small Cause Courts Act, 1882, which defendants can the plaintiff abandon the suit against?

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