Suits in General Place of Suing MCQ Quiz - Objective Question with Answer for Suits in General Place of Suing - Download Free PDF

The correct answer is in the Court of the lowest grade competent to try it.

Key Points

• Section 15 CPC, "Every suit shall be instituted in the Court of the lowest grade competent to try it."
• This section mandates that suits must be filed in the lowest possible court that has jurisdiction, not in higher courts, unless necessary.
• The purpose is to avoid overburdening higher courts and to ensure that cases are dealt with at the appropriate level.
• The determination of whether a court is competent depends on:
  • The pecuniary jurisdiction,
  • The territorial jurisdiction, and
  • The subject-matter jurisdiction.

The correct answer is Both (B) and (C)

Key Points

• Section 21 of the Civil Procedure Code (CPC):
  • Section 21 of the CPC deals with the objections to jurisdiction. It provides a cure for the defects related to territorial and pecuniary jurisdiction.
  • Specifically, it states that no objection regarding the place of suing shall be allowed by any appellate or revisional court unless such objection was taken in the court of first instance at the earliest possible opportunity and unless there has been a consequent failure of justice.
  • This means that defects related to pecuniary or territorial jurisdiction must be raised at the earliest stage, otherwise they are considered waived.

Additional Information

• Want of subject matter jurisdiction:
  • The subject matter jurisdiction refers to the court's authority to hear cases of a particular type or cases relating to a specific subject matter. Section 21 of CPC does not cure defects related to subject matter jurisdiction, as this is a fundamental aspect that cannot be waived or cured.
• Want of territorial jurisdiction:
  • Territorial jurisdiction refers to the geographic area over which the court has authority. Section 21 does address objections to territorial jurisdiction but requires that such objections be raised at the earliest opportunity.
  • If objections regarding territorial jurisdiction are not raised timely, they are considered waived unless there is a failure of justice.
• Both pecuniary and territorial jurisdiction:
  • Section 21 of CPC does indeed cover both pecuniary and territorial jurisdiction.

The correct answer is 'Oral evidence and document'

Key Points

• Facts in a plaint under Section 26 CPC:
  • Section 26 of the Civil Procedure Code (CPC) requires that every plaint must contain a statement of facts constituting the cause of action.
  • These facts need to be proved by both oral evidence and documentary evidence to establish the case comprehensively.
  • Oral evidence refers to the testimony of witnesses, while documentary evidence includes documents presented in support of the claims.
  • The combination of both types of evidence ensures that the court has a complete and reliable basis for making its judgment.

Additional Information

• Oral Evidence:
  • Oral evidence consists of statements made by witnesses under oath in court.
  • It is essential for establishing facts that may not be documented or for providing context and interpretation to the documents presented.
  • However, oral evidence alone may not be sufficient in all cases as it can be subjective and prone to bias.
• Documentary Evidence:
  • Documents such as contracts, letters, receipts, and other written records are considered documentary evidence.
  • This type of evidence provides concrete and tangible proof of the facts in question.
  • While documents are generally reliable, they may need oral evidence for proper interpretation and context.
• Affidavit:
  • An affidavit is a written statement confirmed by oath or affirmation, used as evidence in court.
  • While affidavits are valuable, they are not a substitute for oral testimony and cross-examination in a trial.
  • Affidavits alone may not be sufficient to establish the facts under Section 26 CPC.

The correct answer is All three conditions must co-exist.

Key Points

• Section 21 of the Code of Civil Procedure, 1908 (CPC), which deals with objections regarding jurisdictional defects (pecuniary, territorial, or subject-matter).
• A defect in pecuniary jurisdiction can be raised in an appellate or revisional court only if the following three conditions co-exist:
• Such objection was taken in the Court of the first instance, and at the earliest possible opportunity.
  • A party cannot wait until the appeal stage to raise a jurisdictional issue. The objection must be raised before the trial court at the first available opportunity.
• Such an objection was taken at or before the settlement of issues.
  • If the issue of jurisdiction is not raised before issues are settled, it is deemed waived.
• There has been a consequent failure of justice.
  • Even if an objection was raised in the trial court, an appellate court will interfere only if the defect in jurisdiction has caused a failure of justice.

The correct answer is option 4.

Key Points

•  CPC Section 20 says Other suits to be instituted where defendants reside or cause of action arises.
• Subject to the limitations aforesaid, every suit shall be instituted in Court within the local limits of whose jurisdiction-
• (a) the defendant, or each of the defendants where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain; or
• (b) any of the defendants, where there are more than one, at the time of the commencement of the suit actually and voluntarily resides, or carries on business, or personally works for gain, provided that in such case either the leave of the Court is given, or the defendants who do not reside, or carry on business, or personally work for gain, as aforesaid, acquiesce in such institution; or
• (c) the cause of action, wholly or in part, arises.
• [Explanation].-A corporation shall be deemed to carry on business at its sole or principal office in 3[India] or, in respect of any cause of action arising at any place where it has also a subordinate office, at such place.

The correct answer is option 4.Key Points

• Section 15 of C.P.C. 1908 deals with the general principle that every suit shall be instituted in the Court of the lowest grade competent to try it.
• Section 16 deals with suits to be instituted where subject-matter situate.
• Subject to the pecuniary or other limitations prescribed by any law, suits for:
  • The recovery of immovable property with or without rent or profits,
  • The partition of immovable property,
  • Foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable property,
  • Determination of any other right to or interest in immovable property,
  • Compensation for wrong to immovable property,
  • Recovery of movable property actually under distraint or attachment, shall be instituted in the Court within the local limits of whose jurisdiction the property is situate.
• Provided that a suit to obtain relief respecting, or compensation for wrong to, immovable property held by or on behalf of the defendant may, where the relief sought can be entirely obtained through his personal obedience, be instituted either in the Court within the local limits of whose jurisdiction the property is situate, or in the Court within the local limits of whose jurisdiction the defendant actually and voluntarily resides, or carries on business, or personally works for gain.

The correct answer is option 1.Key Points

• Section 13 of C.P.C.1908 deals with when foreign judgment not conclusive.
• A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except:
  • Where it has not been pronounced by a Court of competent jurisdiction,
  • Where it has not been given on the merits of the case,
  • Where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognise the law of India in cases in which such law is applicable,
  • Where the proceedings in which the judgment was obtained are opposed to natural justice,
  • Where it has been obtained by fraud,
  • Where it sustains a claim founded on a breach of any law in force in India.
• Section 14 of C.P.C.1908 says the Court shall presume upon the production of any document purporting to be a certified copy of a foreign judgment, that such judgment was pronounced by a Court of competent jurisdiction, unless the contrary appears on the record; but such presumption may be displaced by proving want of jurisdiction.

The correct answer is option 4.

Key Points

•  CPC Section 20 says Other suits to be instituted where defendants reside or cause of action arises.
• Subject to the limitations aforesaid, every suit shall be instituted in Court within the local limits of whose jurisdiction-
• (a) the defendant, or each of the defendants where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain; or
• (b) any of the defendants, where there are more than one, at the time of the commencement of the suit actually and voluntarily resides, or carries on business, or personally works for gain, provided that in such case either the leave of the Court is given, or the defendants who do not reside, or carry on business, or personally work for gain, as aforesaid, acquiesce in such institution; or
• (c) the cause of action, wholly or in part, arises.
• [Explanation].-A corporation shall be deemed to carry on business at its sole or principal office in 3[India] or, in respect of any cause of action arising at any place where it has also a subordinate office, at such place.

The correct answer is option 3.Key Points

• Sectiion 24 of Civil Procedure Code 1908 deals with general power of transfer and withdrawal.
• It says on the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion without such notice, the High Court or the District Court may at any stage:
  • Transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same, or
  • Withdraw any suit, appeal or other proceeding pending in any Court subordinate to it, and
    • Try or dispose of the same; or
    • Transfer the same for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or
    • Retransfer the same for trial or disposal to the Court from which it was withdrawn.
• Where any suit or proceeding has been transferred or withdrawn, the Court which is thereafter to try or dispose of such suit or proceeding may, subject to any special directions in the case of an order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn.
• The Court trying any suit transferred or withdrawn under this section from a Court of Small Causes shall, for the purposes of such suit, be deemed to be a Court of Small Causes.
• A suit or proceeding may be transferred under this section from a Court which has no jurisdiction to try it.

The correct answer is Option 4

Key Points

•  According to Section 19 of the Code of Civil Procedure, a suit for compensation for defamation can be filed in the court within the local limits of whose jurisdiction the defendant resides or carries on business or personally works for gain, or where the cause of action wholly or in part arises.
• In this case, X resides in Chandigarh and publishes statements defamatory to Y in Ludhiana.
• Therefore, the cause of action partly arises in Chandigarh, where the statements were published, and partly in Ludhiana, where the statements were circulated and caused damage to Y's reputation. Hence, Y can sue X at either Chandigarh or Ludhiana, depending on his convenience and preference.

Additional Information

•  Alternatively, Y can also file a criminal complaint against X under Section 499 and 500 of the Indian Penal Code for defamation.
• In that case, Section 179 of the Code of Criminal Procedure will apply, which states that when an offence is committed partly in one local area and partly in another, or when the offence is a continuing one and continues to be committed in more local areas than one, it may be inquired into or tried by a court having jurisdiction over any of such local areas.
• Therefore, Y can file a criminal complaint against X either in Chandigarh or in Ludhiana.

The correct answer is option 2.Key Points

• Section 21 of C.P.c. 1908 deals with objections to jurisdiction. 
• No objection as to the place of suing shall be allowed by any Appellate or Revisional Court unless such objection was taken in the Court of first instance at the earliest possible opportunity and in all cases where issues are settled at or before such settlement, and unless there has been a consequent failure of justice.
• No objection as to the competence of a Court with reference to the pecuniary limits of its jurisdiction shall be allowed by any Appellate or Revisional Court unless such objection was taken in the Court of first instance at the earliest possible opportunity, and, in all cases where issues are settled, at or before such settlement, and unless there has been a consequent failure of justice.
• No objection as to the competence of the executing Court with reference to the local limits of its jurisdiction shall be allowed by any Appellate or Revisional Court unless such objection was taken in the executing Court at the earliest possible opportunity, and unless there has been a consequent failure of justice.

The correct answer is option 1.Key Points

• Section 15 of C.P.C. 1908 deals with the general principle that every suit shall be instituted in the Court of the lowest grade competent to try it.
• Section 16 deals with suits to be instituted where subject-matter situate.
• Subject to the pecuniary or other limitations prescribed by any law, suits for:
  • The recovery of immovable property with or without rent or profits,
  • The partition of immovable property,
  • Foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable property,
  • Determination of any other right to or interest in immovable property,
  • Compensation for wrong to immovable property,
  • Recovery of movable property actually under distraint or attachment, shall be instituted in the Court within the local limits of whose jurisdiction the property is situate.
• Provided that a suit to obtain relief respecting, or compensation for wrong to, immovable property held by or on behalf of the defendant may, where the relief sought can be entirely obtained through his personal obedience, be instituted either in the Court within the local limits of whose jurisdiction the property is situate, or in the Court within the local limits of whose jurisdiction the defendant actually and voluntarily resides, or carries on business, or personally works for gain.

The correct answer is option 2.Key Points

• Section 15 of C.P.C. 1908 deals with the general principle that every suit shall be instituted in the Court of the lowest grade competent to try it.
• Section 16 deals with suits to be instituted where subject-matter situate.
• Subject to the pecuniary or other limitations prescribed by any law, suits for:
  • The recovery of immovable property with or without rent or profits,
  • The partition of immovable property,
  • Foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable property,
  • Determination of any other right to or interest in immovable property,
  • Compensation for wrong to immovable property,
  • Recovery of movable property actually under distraint or attachment, shall be instituted in the Court within the local limits of whose jurisdiction the property is situate.
• Provided that a suit to obtain relief respecting, or compensation for wrong to, immovable property held by or on behalf of the defendant may, where the relief sought can be entirely obtained through his personal obedience, be instituted either in the Court within the local limits of whose jurisdiction the property is situate, or in the Court within the local limits of whose jurisdiction the defendant actually and voluntarily resides, or carries on business, or personally works for gain.

The correct answer is option 1

 Key Points Section 16- Suits to be instituted where subject-matter situate.
Subject to the pecuniary or other limitations prescribed by any law, suits
(a) for the recovery of immovable property with or without rent or profits,
(b) for the partition of immovable property,
(c) for foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable property,
(d) or the determination of any other right to or interest in immovable property,
(e) for compensation for wrong to immovable property,
(f) for the recovery of movable property actually under distraint or attachment,

The correct answer is option 4.Key Points

• Section 15 of C.P.C. 1908 deals with the general principle that every suit shall be instituted in the Court of the lowest grade competent to try it.
• Section 16 deals with suits to be instituted where subject-matter situate.
• Subject to the pecuniary or other limitations prescribed by any law, suits for:
  • The recovery of immovable property with or without rent or profits,
  • The partition of immovable property,
  • Foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable property,
  • Determination of any other right to or interest in immovable property,
  • Compensation for wrong to immovable property,
  • Recovery of movable property actually under distraint or attachment, shall be instituted in the Court within the local limits of whose jurisdiction the property is situate.
• Provided that a suit to obtain relief respecting, or compensation for wrong to, immovable property held by or on behalf of the defendant may, where the relief sought can be entirely obtained through his personal obedience, be instituted either in the Court within the local limits of whose jurisdiction the property is situate, or in the Court within the local limits of whose jurisdiction the defendant actually and voluntarily resides, or carries on business, or personally works for gain.