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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 - Legal Reasoning

Question

MCQ

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‘? 

Options

  • 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 

Solution

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. 

Concept: Law of Torts (Entrance Exams)
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