Rameshwar Lal Ram Karan & Ors. v. Gulab Chand Puranmal

 

(d) In Rameshwar Lal Ram Karan & Ors. v. Gulab Chand Puranmal, AIR 1960 Raj. 243, it was held that a suit can be filed in a court within whose jurisdiction a negotiable instrument was executed and the Court, in whose territorial jurisdiction an assignment was made, could not have jurisdiction as no cause of action, even in part, occurred therein, for the reason that such an assignment might have been made to defeat the statutory provisions contained in Section 20 (c) of the Code.

While deciding the said case, the learned Single Judge of this Court considered two contrary judgments by the Division Bench of this Court on the same point, viz., Mishrimal v. Moda, 1951 R.L.W. 433 and Abdul Gafoor v. Sensmal & Ors., AIR 1955 Raj. 53 and followed the former one, observing as under:-

“..... If the assignment were to be treated as forming part of cause of action for the purpose of giving jurisdiction, the defendant could be compelled to defend the suit at the choice of the plaintiffs and this would cut at the basic principle underlying Section 20 CPC.”