Introduction
The place where a suit can be properly instituted is called the place of suing. The appropriate place where the court of competent jurisdiction can entertain the dispute is crucial for initiation and maintainability of the suit. Sections 15 to 21 of the Code of Civil Procedure, 1908 deal with venue and place of suing. Selecting the correct forum is imperative to avoid procedural wrangling which delays substantive adjudication.
Cardinal Principle for Place of Suing
Section 15 lays down the cardinal principle that every suit shall be instituted in the Court of lowest grade competent to try it. Thus, the court of the lowest grade functionally competent in terms of pecuniary and territorial jurisdiction, subject to any special statute, is the place where the suit must be filed. The legislative mandate is that the suit should be initiated at the lowest appropriate court which is fully equipped to dispose it efficaciously.
Place of Suing Immovable Property
Section 16(a) stipulates that suits for recovery of immovable property with or without rent or mesne profits shall be instituted in the court within local limits of whose jurisdiction the property is situated. Where the property is situated within jurisdiction of multiple courts, the plaintiff has option to choose the court where to file the suit. This enables convenient access to court based on plaintiff’s location.
Where a claim of rent or mesne profit arises along with recovery of immovable property, the plaintiff has the choice to file either at property location or his own residence provided the claim for rent and mesne profits does not exceed the value of the property claim. This facility is provided since evidence will be mainly produced at plaintiff’s residence.
Place of Suing Movable Property
As per Section 16(b), suits for recovery of movable property, or for compensation for wrong to movable property can be filed where the wrong was done. This ensures proximity of the court to the cause of action for easy access to evidence. Where defendants reside in multiple places, suit can be filed where any of the defendants reside within the court’s jurisdiction. However, suits for penalties under tax and revenue laws have to be filed where the defendant resides.
Place of Suing Contract
Section 16(c) stipulates that suits on contract can be filed either where the contract was made, or the contract was meant to be performed, or the defendant resides/carries on business. This provides options to the plaintiff considering the defendant’s residence or the place having proximity to the transaction. Where the contract specifies the jurisdiction, suit has to be filed in such court subject to contract being lawful.
Place of Suing Wrongs
As per Section 18 suits for compensation for a wrong may be filed where the wrong was done, or where the defendant resides, or where the defendant works for gain. This covers tortious acts, allowing suit where the injury occurred or where the wrongdoer can be traced. Where multiple defendants reside at different places, they can be sued together where any of the defendants reside.
Place of Suing Resident Defendants
According to Section 17, a suit against a defendant residing within jurisdiction of a court can be filed in such court. Where there are multiple defendants residing at different places in India, they can be jointly sued where any of the defendants reside. However, the leave of the court must be obtained in case of joinder of defendants residing at different places. The court will examine if there is a common question of law or fact which necessitates joint trial.
Place of Suing Companies/Corporations
Suits against companies or corporations can be instituted either where the registered office is situated or where the company conducts business at the cause of action place. This enables the plaintiff to file suit where the transaction occurred for the sake of convenience.
Place of Suing Public Nuisance
As per Section 16A, any suit for restraining public nuisance shall be instituted where the wrong is done. Since evidence is available at that place, trying nuisance cases where it occurred serves interests of justice.
