Question:medium

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’?

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The venue for filing a civil suit depends on the residence or business of the defendant, or the location of the cause of action.
Updated On: Jul 15, 2026
  • Gurgaon only where cause of action arises
  • At Mumbai where B carries on Business
  • At either of the places i.e. Mumbai or Gurgaon
  • Anywhere in India
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The Correct Option is C

Approach Solution - 1

Step 1: Understanding the Principle:
A civil suit can be filed wherever the defendant resides, wherever the defendant carries on business, or wherever the cause of action arises, and these are separate, independent options for the plaintiff.

Step 2: Applying the Principle to the Facts:
B carries on business in Mumbai, which is one valid forum. Separately, B's agent bought the goods and took delivery in Gurgaon, so the cause of action also arose there, making Gurgaon a second valid forum.

Step 3: Evaluating the Other Options:
Picking only Gurgaon or only Mumbai ignores that the principle gives A a choice between the two. There is nothing connecting this dispute to every part of India, so filing anywhere in the country is not supported by the facts.

Step 4: Final Answer:
A can file the suit at either Mumbai or Gurgaon, since both are valid forums under the principle.
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Approach Solution -2

Major premise: a civil suit may be filed wherever the defendant resides or carries on business, or wherever the cause of action arises, these being independent alternatives. Minor premise: B carries on business in Mumbai, and the purchase and delivery through B's agent, which generates the cause of action, happened in Gurgaon. Testing the options:

  1. Gurgaon only: This conclusion drops one valid alternative, Mumbai, that the major premise independently allows through B's place of business.
  2. Mumbai only: This conclusion drops the other valid alternative, Gurgaon, which the minor premise establishes as the place of the cause of action.
  3. Either Mumbai or Gurgaon: This is the conclusion that actually follows, since the minor premise satisfies both independent alternatives set out in the major premise at once.
  4. Anywhere in India: This conclusion requires a premise the major premise does not contain, that any location in the country qualifies, rather than only the specific ones tied to the defendant or the cause of action.

Only the third option follows from applying both alternatives in the major premise to the two distinct facts in the minor premise.

Therefore, the correct answer is at either of the places, Mumbai or Gurgaon.

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