Code of Civil
Procedure Section
1[78.
Commissions issued by foreign Courts.—Subject to such conditions and
limitations as may be prescribed the provisions as to the execution and return
of commissions for the examination of witnesses shall apply to commissions
issued by or at the instance of—
(a) Courts situate in any
part of India to which the provisions of this Code do not extend; or
(b) Courts established or
continued by the authority of the Central Government outside India; or
(c) Courts of any State or
country outside India.]
Note 1: Subs. by s. 11,
ibid., for s. 78.
Code of Civil
Procedure Section
Simplified Explanation
It is a
well settled principle that by agreement the parties cannot confer jurisdiction,
where none exist, on a Court to which CPC applies, but this principle does not
apply when the parties agree to submit to the exclusive or non-exclusive
jurisdiction of a foreign Court. Indeed in such cases the English Courts do
permit invoking their jurisdiction. Thus, it is clear that the parties to a
contract may agree to have their disputes resolved by a foreign Court termed as
a ‘neutral Court’ or ‘Court of choice’ creating exclusive on non-exclusive
jurisdiction in it.
In view
of the aforesaid judicial pronouncements, it may be summarised that the cause
of action is a bundle of facts and to examine the issue of jurisdiction, it is
necessary that one of the inter-linked facts must have occurred in a place
where the suit has been instituted. The said fact must have a direct nexus to
the lis between the parties and in case the facts taken in the plaint are
denied, the plaintiff has to prove the same.
More Reading:
Section 20. Other suits to be instituted where defendants reside or cause of action arises.
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