SUPREME COURT OF INDIA
V. BALAKRISHNA ERADI AND G. L. OZA, JJ.
(Record of Proceedings)
R. BEJAL
Versus
M/S TR1VEN1 STRUCTURALS LTD.
Special Leave Petition (Civil) No. 449 of 1987, decided on January 29, 1987
Advocates appeared :
Dileep Tandon and R. B. Mehrotra, Advocates, for the Petitioner.
Civil Procedure Code, 1973 - Section 20 - Special Leave Petition - Other suits to be instituted where defendants reside or cause of action arises – Held, We are in complete agreement with Delhi High Court regarding the interpretation of Section 20 of the Civil Procedure Code - Suit could be instituted in Delhi only if any part of the cause of action arose within the original jurisdiction of the Delhi High Court which condition is not satisfied in the present case - High Court was, therefore, perfectly justified in returning plaint for presentation to proper court - Petition dismissed.
ORDER
From the Judgment and Order dated September 23, 1986 of the High Court of Delhi in Suit No. 1-126 of 1983. We are in complete agreement with the Delhi High Court regarding the interpretation of Section 20 of the Civil Procedure Code. The suit could be instituted in Delhi only if any part of the cause of action arose within the original jurisdiction of the Delhi High Court which condition is not satisfied in the present case. The High Court was, therefore, perfectly justified in returning the plaint for presentation to the proper court. The special leave petition is devoid of merits and it is accordingly dismissed.
For Citation : 1987 (Supp) SCC 279.
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