| Each question consists of legal principle(s) (here-in-after referred to as 'principle') and facts. Such proposition may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this section. Principles have to be applied to the given facts to arrive at the most reasonable conclusion. Only one of the alternatives, i.e. [a], [b], [c] or [d] is the most reasonable conclusion. In other words, in answering the following questions, you must not rely on any principle except the principles that are given herein below for every question. Further you must not assume any facts other than those stated in the question. The objective of this section is to test your ability in legal aptitude, study of law, research aptitude and problem solving ability even if the 'most reasonable conclusion' arrived at may be absurd or unacceptable for any other reason. |
| Principle Civil suit can be filed where defendant resides or carries on business or where cause of action arises. |
| Facts 'A' carries on business in Gurgaon, 'B' carries on Business in Mumbai. 'B' through his agent in Gurgaon purchases goods in Gurgaon and takes delivery through agent in Gurgaon. Where Civil suit for payment of price can be filed by 'A'? |
A) Gurgaon only where cause of action arises
B) At Mumbai where 'B' carries on Business
C) At either of the places i.e. Mumbai or Gurgaon
D) Anywhere in India
Correct Answer: C
Solution :
Sol. [c] The business of 'B' is in Mumbai but the cause of action arises in Gurgaon. Civil suit, as per the principle can be filed where defendant carries on business or where cause of action arises. So, either in Mumbai or Gurgaon, the suit can be filed.
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