cra60.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CIVIL REVISION APPLICATION NO. 60 OF 2011 Ailsinghani Logistics .. PETITIONER VERSUS Tanjan Motors Pvt. Ltd & another .. RESPONDENTS Mr. S.P. Chapalgaonkar, advocate for the petitioner. Mr. Dhanajay Deshpande, advocate for respondent no. 2. ===== CORAM : R.M. BORDE, J. DATE : 17 th MARCH, 2011. PER COURT : 1 Petitioner is raising exception to the order passed by the II Jt. Civil Judge, Sr.Dn., Aurangabad, below exh. 1 in Special Civil Suit no. 354/2007. 2 Respondent herein presented a suit being Special Civil Suit no. 354/2007 in the Court of Civil Judge, Sr.Dn., Aurangabad claiming damages alongwith interest to the tune of Rs. 9,49,908/-. In the pending suit, an application came to be moved by the defendant contending that the Court at Aurangabad shall not have jurisdiction to entertain the suit. It is cra60.11 2 contended that the accident has taken place outside the jurisdiction of Aurangabad and as such the cause of action arose at some other place and as such Aurangabad court shall have no jurisdiction to entertain the suit. Trial court considered the objections and turned down the same for the reason that appellant herein / original defendant is doing transport business having its branch office at Aurangabad and as such the requirements of section 20(a) of the Code of Civil Procedure are satisfied. As such the objection raised by the defendant is devoid of substance. 3 I have perused the impugned order and heard the arguments advanced by respective counsel appearing for the parties. On perusal of the relevant papers annexed with the petition, it transpires that the goods were loaded in the truck belonging to the appellant at Aurangabad, the contract in respect of transportation had taken place at Aurangabad whereas the appellant has its branch office at Aurangabad. Section 20 of the Code of Civil Procedure reads thus : 20 Other suits to be instituted where defendants reside or cause of action arises :- Subject to the limitations aforesaid, every suit shall be instituted in a Court within the local limits of whose jurisdiction - cra60.11 3 (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. . It is the contention of the appellant that the cause of action for filing suit has arisen outside Aurangabad district and as such the court at Aurangabad shall not have jurisdiction. Appellant places reliance on clause ‘c’ of section 20 of the Code of Civil Procedure. It is to be noted that the case is covered by sub clause (a) of section 20 of the Code of Civil Procedure. If the matter is covered by either of the clauses i.e. clause (a), (b) or (c), the court shall have jurisdiction. cra60.11 4 4 On perusal of the relevant provisions it is evident that it is not necessary that the plaintiff shall have to satisfy the requirements of all the sub clauses of section 20 of the Code of Civil Procedure. The argument that if the case is covered by clause (c), Court at Aurangabad shall not have jurisdiction, is unacceptable. Argument advanced on the basis of interpretation of clause ‘C’ of section 20 of the Code of Civil Procedure is not a sound preposition. Revision application is devoid of substance hence stands rejected. ( R. M. BORDE ) JUDGE dyb