CPC 20 — Other suits to be instituted where defendants reside or cause of action arises

Code of Civil Procedure, 1908

Statutory text

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.

  *

 [Explanation].—A corporation shall be deemed to carry on business at its sole or principal office
in

[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 business.
(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.

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