Place of Suing in Indian Law: A Complete Guide

Understanding the place of suing plays a crucial role in civil litigation. It helps determine the correct court where a party must file a suit. The Code of Civil Procedure, 1908 (CPC) governs this concept under Sections 15 to 20. These sections aim to ensure fairness, prevent harassment of defendants, and avoid unnecessary burden on higher courts.

Meaning of ‘Place of Suing’

The term ‘place of suing’ refers to the appropriate court that holds jurisdiction to try a civil suit. Jurisdiction can depend on several factors like the residence of the defendant, the location of the immovable property, or the place where the cause of action arises.

Legal Framework under CPC

Section 15: File Suit in the Lowest Competent Court

The CPC directs litigants to file a suit in the court of the lowest grade that holds the authority to try it. This ensures that higher courts handle more complex or high-stake cases.

Example: If a Munsiff Court can try a suit involving ₹75,000, the plaintiff must approach that court instead of a District Court.

Section 16: Suit Involving Immovable Property

When the dispute concerns immovable property, the plaintiff must file the suit in a court that has jurisdiction over the location of that property.

Example: If the property lies in Bhopal, only courts in Bhopal can hear the matter.

Section 17: Property Spread Over Multiple Jurisdictions

If the property lies in the jurisdiction of multiple courts, the plaintiff can choose any court within which a part of the property lies.

Example: A disputed plot stretching across Nagpur and Amravati can lead to a suit in either place.

Section 18: Confusion About Jurisdictional Boundaries

When confusion exists over the exact jurisdiction due to unclear boundaries, a litigant may file the suit in any of the potential courts. The State Government can notify and resolve such disputes.

Section 19: Suit for Wrong to Person or Movable Property

The plaintiff may file a suit for compensation for wrongs to a person or movable property:

• Where the wrong occurred, or
• Where the defendant resides

Example: If someone assaults another person in Chennai and resides in Bengaluru, the victim may file the suit in either city.

Section 20: General Rule for Other Civil Suits

When a suit does not fall under Sections 16–19, the plaintiff must follow Section 20. This provision allows suits to be filed:

• Where the defendant resides or carries on business, or
• Where the cause of action arises

Example: A party may sue in Delhi if the contract was signed there or if the other party resides there.

Types of Jurisdiction That Influence Place of Suing

1. Territorial Jurisdiction

This determines which geographic area the court covers.

2. Pecuniary Jurisdiction

This relates to the monetary value of the claim.

3. Subject Matter Jurisdiction

This considers the nature of the case — such as land disputes, contracts, or torts.

Illustrative Example

Imagine a supplier in Delhi enters into a contract with a buyer in Mumbai. The buyer fails to make payment for goods delivered in Hyderabad. The supplier can file the suit:

• In Delhi (place of business),
• In Mumbai (residence of buyer), or
• In Hyderabad (where part of the cause of action occurred)

Key Case Law: ABC Laminart Pvt. Ltd. v. A.P. Agencies (AIR 1989 SC 1239)

The Supreme Court held that when multiple courts have jurisdiction, parties can agree in the contract to a specific jurisdiction. Such an agreement remains valid if that court also has a part of the cause of action.