AIR 1973 ANDHRA PRADESH 387 ::ILR (1975) Andhra Pra 6

Andhra Pradesh High Court

Hon'ble Judge(s): Gopal Rao Ekbote , C.J. AND A. V. Krishna Rao, Madhava Rao , JJ

(A) Civil P.C. (5 of 1908) , S.20, S.21— Objection to place of suing - Objections though taken not pressed resulting on judgment on merits - It amounts to waiver and cannot be raised in appeal. AIR 1966 SC 634, Foll. (Para 13) (B) Civil P.C. (5 of 1908) , S.20(c)— Cause of action against corporation arising within local limits of jurisdiction of court - Case falls within Cl.(c) and court has the jurisdiction to entertain the suit notwithstanding that the corporation does or does not carry on business at that place as contemplated by Explanation II to S.20. Brief Note :- (B) Explanation II is only explanatory regarding corporations carrying on business as envisaged by clause (a) of Section 20 C. P. C. The words carrying on business occur only in clauses (a) and (b). Clause (c) which provides for a suit to be instituted in a court within the local limits of whose jurisdiction the cause of action wholly or in part arises is independent of clauses (a) and (b). Therefore where a cause of action against corporation arises within the local jurisdiction of the court it is quite unnecessary to refer to Explanation II to Section 20 to see whether it carries on business within the local jurisdiction of the Court.(Para 14 15 ....