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Under Section 20 of the CPC (residual rule for place of suing), which is NOT a place where a suit may be instituted?
Answer & Solution
Correct answer: A.
1. Section 20 of the CPC provides for the **residual place of suing** (subject to Sections 15-19). A suit may be instituted in a Court within the local limits of whose jurisdiction:
2. (a) **The defendant (or each of the defendants) actually and voluntarily resides** or carries on business or personally works for gain;
3. (b) **Any of the defendants** so resides where there are more than one, **with the leave of the Court** or the acquiescence of the others;
4. (c) **The cause of action, wholly or in part, arises**.
5. So options A, B and C are valid forum choices; **option D is the trap** — Section 20 does NOT permit suit at the plaintiff's choice unconnected with the defendant's residence/business or the cause of action.
6. For a body corporate, place of business at sole/principal office in India is fixed; subordinate office if cause of action arises there.
_Source: ICSI CS Executive — Lesson 8, 'Other suits — Section 20', pp. 179-180._
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