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Leave under Section 20 CPC is Procedural Law
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Section 20 CPC as Procedural Law
Section 20 of the Civil Procedure Code (CPC), 1908, governs the jurisdiction and proper venue for filing suits. It specifies that a suit should be filed where the defendant resides or where the cause of action arises. This section is classified as procedural law because it deals with the manner and jurisdiction of instituting suits, rather than substantive rights.
References: Bishop/Election Officer, Kanyakumari Diocese, Church of South India, Nagercoil VS K. Jegan - Madras, Pas agro foods, Represented by its Managing Partner Sri. Asharaf k.V. vs KRBL Limited, Represented By Its Managing Director - Kerala, Manipal University VS Manipal Holdings Private Limited - Karnataka -
Application of Section 20 in Practice
Courts have held that Section 20 CPC is procedural and does not restrict substantive rights. Filing a suit in the wrong jurisdiction may be irregular but does not necessarily nullify the suit if procedural requirements are met or if the court has jurisdiction under other provisions. For instance, procedural irregularities like non-filing under Order I Rule 8 are considered procedural defects.
References: Bishop/Election Officer, Kanyakumari Diocese, Church of South India, Nagercoil VS K. Jegan - Madras, Pas agro foods, Represented by its Managing Partner Sri. Asharaf k.V. vs KRBL Limited, Represented By Its Managing Director - Kerala, Manipal University VS Manipal Holdings Private Limited - Karnataka -
Interaction with Other Sections and Laws
The section works in conjunction with other procedural provisions, such as Order XIV and Order XXXIX, and statutory laws like the Trade Marks Act, Arbitration Act, and Rent Control Act, which also specify procedural aspects. Courts have emphasized that procedural rules, including those under Section 20, are meant to facilitate justice rather than restrict substantive rights.
References: Bishop/Election Officer, Kanyakumari Diocese, Church of South India, Nagercoil VS K. Jegan - Madras, WS. JETHA BAI AND SONS VS SUNDERDAS RATHENAI - Kerala, Jetha Bai And Sons. Jew Town. Cochins VS Sunderdas Rathenar - Supreme Court, Pas agro foods, Represented by its Managing Partner Sri. Asharaf k.V. vs KRBL Limited, Represented By Its Managing Director - Kerala, Manipal University VS Manipal Holdings Private Limited - Karnataka -
Judicial Viewpoint
The courts consistently regard Section 20 CPC as procedural, emphasizing that non-compliance with procedural formalities does not necessarily bar the substantive rights of parties, provided the suit is filed in a competent court. The purpose is to ensure proper jurisdiction rather than to deny access to justice.
References: Bishop/Election Officer, Kanyakumari Diocese, Church of South India, Nagercoil VS K. Jegan - Madras, WS. JETHA BAI AND SONS VS SUNDERDAS RATHENAI - Kerala, Jetha Bai And Sons. Jew Town. Cochins VS Sunderdas Rathenar - Supreme Court
Analysis and Conclusion
Section 20 CPC is clearly a procedural law that prescribes the proper jurisdiction for filing suits based on the defendant's residence or the location of the cause of action. Its primary aim is to streamline the process of litigation and ensure suits are filed in appropriate courts, but it does not affect substantive rights. Non-compliance with Section 20 may be irregular, but courts generally uphold the jurisdiction if the requirements are substantially met, reaffirming its procedural nature. Therefore, leave under Section 20 CPC is procedural law, facilitating proper jurisdiction rather than creating substantive rights or restrictions.
References:
- Bishop/Election Officer, Kanyakumari Diocese, Church of South India, Nagercoil VS K. Jegan - Madras Civil Procedure Code, 1908 - Order XIV, Rule 1 & 8
- WS. JETHA BAI AND SONS VS SUNDERDAS RATHENAI - Kerala Kerala Buildings (Lease and Rent) Control Act, Sections 20 & 115
- Jetha Bai And Sons. Jew Town. Cochins VS Sunderdas Rathenar - Supreme Court CPC Section 115 & its interaction with other laws
- Pas agro foods, Represented by its Managing Partner Sri. Asharaf k.V. vs KRBL Limited, Represented By Its Managing Director - Kerala Trade Marks Act, Section 20 & CPC procedural aspects
- Manipal University VS Manipal Holdings Private Limited - Karnataka CPC Order 7, Rule 10 & jurisdictional provisions
Search Results for "Leave under Section 20 B Cpc is Procedural Law"
2021 0 Supreme(Mad) 2090 • India - Madras
V.PARTHIBAN
Civil Procedure Code,1908 - Order XIV and 3 - Rule 1 and 8 r/w - Madras High Court Original Side Rules ... defendant is Moderator and head of CSI Church, having his office as above - Whether non-filing of application under Order I Rule 8 of C.P.C ... ., even before seeking leave of this Court to sue under Clause 12 of Letters Patent, would render any leave granted by this Court ... Subramanian Chetty', AIR 1916 PC 202 (E), while they were dealing with Section 22, Straits Settlements Ordinance of 1896.....
1988 0 Supreme(Ker) 66 • India - Kerala
NATARAJAN, RANGANATHAN, S.MUKERJEE
Fact of the Case: The appeals and special leave petition involved a common question of law, whether a further revision ... Revision - Kerala Buildings (Lease and Rent) Control Act - S.20, S.115 of the Code of Civil Procedure - The court examined the ... would lie to the High Court under S.115 of the Code of Civil Procedure against an order of a Court in revision under S.20 of the ... Ia the first place, S.20 is a composite section and refers to the....
1988 0 Supreme(SC) 109 • India - Supreme Court
S.NATARAJAN, S.RANGANATHAN, SABYASACHI MUKHARJEE
Civil Procedure Code, 1908 – Section 115 – Kerala Buildings ... (Lease and Rent) Control Act 2 of 1965 – Section 20 – Appeals - whether against an order of a District ... challenged in the Courts – These provisions, in my opinion, do not and cannot preclude the applicability of S. 115, C.P.C ... In the first place, S. 20 is a composite section and refers to the powers of revision exercisable under that Section by a District Judge as well as by the Hi....
2025 0 Supreme(All) 3589 • India - IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Arun Bhansali, Kshitij Shailendra
Manual 15.05 - Court held such executive instructions do not equate to law and objections are maintainable despite procedural irregularity ... the applicability of procedural manual instructions. ... (A) Arbitration and Conciliation Act, 1996 - Section 34 - Appeals against dismissal of objections for lack of prior permission from ... After discussing Order VI Rule 14 and Order XXIX Rule 1 of C.P.C., it was observed that on procedural defects which do not go to the root of the matter, p....
2003 1 Supreme 923 • India - Supreme Court
ARIJIT PASAYAT, R.C.LAHOTI, BRIJESH KUMAR
(Para 20) ... (ii) Arbitration Act, 1940-Section ... the law of limitation. ... (1) of Section 39 of the Act. ... Subba Reddy (supra) a two-Judges Bench of this Court observed (vide para 24) "if there is no right of cross-objection given under Section 39 of the Act, it cannot be read into Section 41 of the Act. Filing of cross objection is not procedural in nature. ... Firstly, form of cross objection is procedural and is only a manner of exercising ....
2025 0 Supreme(Ker) 3036 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A.ABDUL HAKHIM
The registration's validity was challenged in context to jurisdiction and procedural requirements. ... (A) Trade Marks Act, 1999 - Sections 57, 124, and 125 - Cancellation of trade mark registration - Petitioner filed to cancel respondent's ... Under Section 20 of the Code of Civil Procedure, 1908 , a suit is to be filed in the Court at the place of the defendant or where part of the cause of action wholly or in part arises. ... Section 57 read with Sections 124 and ....
2019 0 Supreme(All) 1800 • India - Allahabad
JASPREET SINGH
Arbitration Act, 1940 – Section 20, 29,38 and 39 – Civil Procedure Code, 1908 – Order 21 Rule 2 and 28 – ... aforesaid award, it is at this stage, State of U.P., made an application purportedly under Section 47 CPC – District Judge by means ... of order entertained said objections despite opposition by revisionist – Order of entertaining objections under Section 47 CPC was ... Certain disputes arose between the parties which led the revisionist company to invoke the p....
2000 0 Supreme(P&H) 40 • India - Punjab and Haryana
ARUN B.SAHARYA
CPC - Suit for removal of trustee - Grant of leave at the fag end of proceedings - Interpretation of Section 92 of CPC - Nature ... The Court found that the order granting leave was not a reasoned order and that the requirement of obtaining leave was a procedural ... At the fag end of the proceedings, plaintiffs moved an application seeking leave of the Court under Section 92 of CPC, which was ... R.K.Gupta, learne....
2003 0 Supreme(Del) 575 • India - Delhi
M.A.KHAN
control Act - Section 115 of CPC, Article 227 of the Constitution of India, Section 25b, Section 14(1), Section 5 of the Limitation ... Section 115 - Petition under Section 115 of CPC assailing an order of an Additional Rent controller dated 18. 2. 2002 by which ... Fact of the Case: The petitioner, a landlord, filed a petition under Section 115 of the CPC against an order of the ... The procedural#HL_E....
2018 0 Supreme(Kar) 465 • India - Karnataka
G.NARENDRA
20 of the CPC, conjointly read with Section 134 of the Trade Marks Act, does not restrict the right of plaintiff to initiate proceedings ... under Section 20 of the CPC - But, this right to institute the suit at such a place has to be read, subject to certain restrictions ... No. 5/1908] - Order 7, Rules 10, 10 - A(2) & Section 20 - Order XLVIII, Rule 1(a) - Return of plaint - Jurisdiction to try suit - ... The provisions relevant to adjudicate the i....
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