Professional Documents
Culture Documents
Indian courts are overburdened and therefore slow. Enforcing a foreign judgment in India could take years in some
instances, depending upon the complexity of the issues involved in the dispute between the parties.
The Indian law is complex in these kind of matters. Therefore, please seek a proper legal advice regarding this
matter.
where it appears on the face of the proceedings to be founded on an incorrect view of international law or a
refusal to recognize the law of India in cases in which such law is applicable;
where the proceedings in which judgment was obtained are opposed to natural justice;
where it has been obtained by fraud;
Place of Suing:
S.15 to 21 CPC deals with the Court in which a suit is to be instituted, as follows:
S.15
S.16
S.17
S.18
Place of institution of suit where local limits of jurisdiction of Courts are uncertain
S.19
S.20
S.21
Objections to jurisdiction
S.15
Every suit shall be instituted in the Court of lowest grade competent to try it. Here competency refers
to pecuniary jurisdiction, which shall be determined by High Court from time to time.
S.16
Subject to pecuniary and other limitations prescribed by any law, suits for:
1)
2)
3)
4)
5)
6)
Shall be instituted in Court, within the local limits of whose jurisdiction the property is situate. It is also provided that
When suit is filed t obtain relief respecting or compensating any wrong to any immoveable property,
Court within whose local jurisdiction the defendant voluntarily resides or conducts business or trade.
S.17
Where the subject matter of the suit, immoveable property, is situated within the local jurisdiction of two or
more different Courts, the suits may be instituted in any Court, within whose local jurisdiction, a portion of the property
is situated, and Court is competent to adjudicate over entire suit property, not just portion situated in its jurisdiction.
S.18
Place of institution of suit where local limits of jurisdiction of Courts are uncertain
When it is uncertain as regards under which of the two or more Courts, the territorial jurisdiction falls into, and
one of such Courts has also ascertained such uncertainty, then it may proceed to entertain and dispose the suit
related to the property; after recording the existence of such uncertainty.
Where no such statement has been recorded and objection is raised in appeal or revision, the Higher Court
will not allow such objection unless
=> At time of institution of suit, no reasonable ground for uncertainty as to Court was there, and,
=> It has resulted in consequent failure of justice.
In these cases, apart from the uncertain territorial jurisdiction, the Court should be competent as regards
S.19
In case of wrong to person or moveables :=> In place where Cause of Action arose
=> In place where the defendant ordinarily resides or carries business or personally works for gain.
Eg
Defendant
A
Hits
Plaintiff
--------------------------> B
Madras
Delhi
Cause of action lies in Delhi, so can sue in Delhi. The defendant resides in Madras, so can sue in Madras.
S.20
Subject to afore said limitations, i.e Ss 15 to 19,every suit shall be instituted in Court within whose local limits
of jurisdiction:-
- Defendant(s) at time of commencement of suit actually or voluntarily resides carries business or trade or personally
works for gain.
- any of the defendant ( if more than one) at time of commencement of suit actually or voluntarily resides carries
business or trade or personally works for gain, provided (a) Court gives leave to do so (b) Defendants who dont
reside there accept.
For the purpose of S. 20, it is deemed that a Corporation carries on its business at its
Eg
A resides in Shimla, B resides in Calcutta , C resides in Delhi. A B and C together in Benaras , and B and C together
execute a joint promissory note payable on demand and delivered it to A in Benaras.
Where defendant has Principal Office at one place and Sub Ordinate office at another, and Cause of Action
arose, in place where the subordinate office is located, then the place of subordinate office where cause of action
arose is the relevant place for filing the suit and not the place where principal office is located. Held, that, the
explanation to S.20 provides an alternative locus for corporations place of business and not an additional one.
Held, the jurisdiction of Court in matter of contract will depend on the situs of contract and Cause of Action
arising through connecting factors. Further held, the parties may agree to vest jurisdiction in one of the many
competent Court and such Ouster Clause is valid if
- the clause is explicit , precise and unambiguous.
- not hit by Ss. 23 and 28 of Indian Contract Act.
S.21
Objections to jurisdiction