Question

Principle: Civil Suit can be filed where defendant resides or carries on business or where 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 agent in Gurgaon. Where Civil Suit for payment of price can be filed by ‘A’?

• A. Gurgaon only where cause of action arises
• B. At Mumbai where B carries on Business
• C. At either of the places i.e. Mumbai or Gurgaon
• D. Anywhere in India

Hint:

The venue for filing a civil suit depends on the residence or business of the defendant, or the location of the cause of action.

Answer 1

The Correct Option is C

According to the principle, a civil suit can be filed in any jurisdiction where the defendant resides or conducts business, or where the cause of action arises. In this case, the defendant ‘B’ carries on business in Mumbai, but the cause of action arises in Gurgaon where the goods were purchased. Thus, the suit can be filed in either Mumbai or Gurgaon.
Thus, the correct answer is (C).
Option (A) is incorrect because filing the suit in only one jurisdiction is not mandatory. Option (B) is incorrect because the cause of action arose in Gurgaon. Option (D) is incorrect because it is not necessary to file the suit anywhere in India.