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Principle: Civil Suit Can Be Filed Where the Defendant Resides Or Carries on Business Or Where the Cause of Action Arises. Facts: 'A‘ Carries on Business in Gurgaon

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प्रश्न

Principle: Civil Suit can be filed where the defendant resides or carries on business or where the cause of action arises.

Facts: 'A‘ carries on business in Gurgaon, 'B‘ carries on Business in Mumbai.  'B‘ through his agent in Gurgaon purchases goods in Gurgaon and takes delivery through an agent in Gurgaon. Where Civil Suit for payment of price can be filed by 'A‘? 

विकल्प

  • Gurgaon only where the cause of action arises

  • At Mumbai where B carries on Business

  • At either of the places i.e. Mumbai or Gurgaon 

  • Anywhere in India 

MCQ
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उत्तर

At either of the places i.e. Mumbai or Gurgaon 

Explanation:

A can file the civil suit for payment either at Mumbai or at Gurgaon. This is evident from the principle that civil suit can be filed where the defendant resides or carries on business. In this case, the defendant is B, who carries on business in Mumbai. The cause of action has arisen in Gurgaon. Therefore, the civil suit can be filed either at Mumbai or at Gurgaon. 

shaalaa.com
Law of Torts (Entrance Exams)
  क्या इस प्रश्न या उत्तर में कोई त्रुटि है?
2018-2019 (May) Set 1

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