Applicability Of The Provisions For Place Of Suing And Transfer Of Cases Under CPC

Sejal Garg & Krati Bhatia, University of Petroleum and Energy Studies (UPES), School of Law, Dehradun

PLACE OF SUING UNDER CPC

“Ubi Jus Ibi Remedium” which illustrates that where there is right there is a remedy. A basic principle of the English law that has been adopted and made into the force by the Indian law. It implies that whenever a person’s personal rights have been violated or impeded or the person is prevented by the others from accessing the rights so pledged to him, some judicial tribunal must have the jurisdiction to adjudicate on the dispute and, as per the case, the rights so pledged should be reinstated or compensated. In order to recover the rights or claim damages or impairment sustained, the individual must approach the appropriate forum that does have the jurisdiction to adjudicate on the matter and grant the remedy requested. So, to deal with that matter, the forum should have jurisdiction.