Suits in General Place of Suing MCQ Quiz in తెలుగు - Objective Question with Answer for Suits in General Place of Suing - ముఫ్త్ [PDF] డౌన్‌లోడ్ కరెన్

The correct answer is Section 17.

Key Points

• Section 17 of the CPC provides for the Suits for immovable property situate within jurisdiction of different Courts.
• It states that Where a suit is to obtain relief respecting, or compensation for wrong to, immovable property situate within the jurisdiction of different Courts, the suit may be instituted in any Court within the local limits of whose jurisdiction any portion of the property is situate :
  Provided that, in respect of the value of the subject-matter of the suit, the entire claim is cognizable by such Court.

The correct answer is Power of Supreme Court to transfer suits.

Key Points

• Section 25 of the CPC provides for the Power of Supreme Court to transfer suits, etc.
• It states that —(1) On the application of a party, and after notice to the parties, and after hearing such of them as desire to be heard, the Supreme Court may, at any stage, if satisfied that an order under this section is expedient for the ends of justice, direct that any suit, appeal or other proceeding be transferred from a High Court or other Civil Court in one State to a High Court or other Civil Court in any other State.
  (2) Every application under this section shall be made by a motion which shall be supported by an affidavit.
  (3) The Court to which such suit, appeal or other proceeding is transferred shall, subject to any special directions in the order of transfer, either retry it or proceed from the stage at which it was transferred to it.
  (4) In dismissing any application under this section, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum, not exceeding two thousand rupees, as it considers appropriate in the circumstances of the case.
  (5) The law applicable to any suit, appeal or other proceeding transferred under this section shall be the law which the Court in which the suit, appeal or other proceeding was originally instituted ought to have applied to such suit, appeal or proceeding.

The correct answer is Section 21.

Key Points

• Section 21 provides for the Objections to jurisdiction.
• It states that —(1) 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.
  (2) 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.
  (3) 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 Section 15.

Key Points

• Section 15 provides for the Court in which suits to be instituted.
• It states that every suit shall be instituted in the Court of the lowest grade competent to try it.

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 4.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 4.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 19 of C.P.C. 1908 deals with suits for compensation for wrongs to person or movables.
• Section 19 states where a suit is for compensation for wrong done to the person or to movable property, if the wrong was done within the local limits of the jurisdiction of one Court and the defendant resides, or carries on business, or personally works for gain, within the local limits of the jurisdiction of another Court, the suit may be instituted at the option of the plaintiff in either of the said Courts.
• Section 20 of C.P.C. 1980 deals with other suits to be instituted where defendants reside or cause of action arises.
• It says subject to the limitations aforesaid, every suit shall be instituted in a Court within the local limits of whose jurisdiction:
  • 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
  • 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 works for gain, as aforesaid, acquiesce in such institution; or
  • The cause of action, wholly or in part, arises.