Supreme Court · 2007 INSC 1043 · Decided 11 October 2007

Mohannakumaran Nair v. Vijayakumaran Nair

Court
Supreme Court of India
Citation
2007 INSC 1043 · [2007] 11 S.C.R. 24
Case number
CIVIL APPEAL No. 4811/2007
Decided
11 October 2007
Bench
S.B. SINHA, H.S. BEDI (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 115, 15, 20, 15to18; Constitution

Headnote

Code of Civil Procedure, 1908: c ss. 20 & 15-Territorial jurisdiction-Question in regard to the jurisdiction to be determined with reference to the date on which the suit is filed and entertained and not with reference to a future date- Subsequent change of residence of the party-defendant of the suit. s.115-Jurisdiction under-Held, is discretionary-However, the discretion has to be exercised in accordance with law and not de-hors the same. E Doctrines-Doctrine of dominus litus-Applicability of- Discussed. Constitution of India, 1950-Artic/e 136-New plea-Party c.annot be

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