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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‘?
पर्याय
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
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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.
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संबंधित प्रश्न
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Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.
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1. That he was prosecuted by the defendant.
2. That the proceeding complained was terminated in favour of the present plaintiff.
3. That the prosecution was instituted against him without any just or reasonable cause.
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