Supreme Court of India · 2007-10-11
MOHANAKUMARAN NAIR vs VIJAYAKUMARAN NAIR
- Citation / case number
- SC 2006/16615
- Court
- Supreme Court of India
- Petitioner
- MOHANAKUMARAN NAIR
- Respondent
- VIJAYAKUMARAN NAIR
- Author
- HARJIT SINGH BEDI S.B. SINHA
- Bench
- HARJIT SINGH BEDI S.B. SINHA
Judgment text excerpt
The Supreme Court held that the Subordinate Court at Attingal lacked territorial jurisdiction to entertain a suit for recovery of a loan executed in Saudi Arabia, as per Section 20(a) of the Code of Civil Procedure (CPC). The Court noted that the cause of action arose outside its jurisdiction, despite the defendant's residence in India at the time of the suit. The High Court's decision to allow the suit to proceed was deemed erroneous, leading to the conclusion that the suit should be returned for lack of jurisdiction.