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Criminal Procedure Code QUESTION #9505
Question 1
A and B jointly execute a promissory note in favour of C. A resides in Multan; B resides in Faisalabad. C wishes to sue both in Faisalabad. A objects that he does not reside in Faisalabad. What should the Court decide?
  • The Faisalabad Court can proceed against both defendants; under Section 20(b) CPC, where one defendant resides within the Court's jurisdiction, the suit against multiple defendants may be instituted there if the non-resident defendant acquiesces or the Court grants leave✔️
  • Separate suits must be filed in Multan and Faisalabad
  • The suit can proceed only if both defendants consent
  • Dismiss the suit against A since A resides in Multan
Correct Answer Explanation
Section 20(b) CPC permits a suit to be instituted where any one of several defendants resides or carries on business, provided either the Court grants leave or the non-resident defendants acquiesce. Here B resides in Faisalabad; the Faisalabad Court may grant leave to include A, making the suit maintainable against both.