UNION OF INDIA Vs. UDAY PAL

JUDGEMENT

(1.) Arguments concluded. 1. This is a petition, under Order XLVII Rule 1 of the Code of Civil Procedure, for review of the order-dated 5/3/2012 passed in M.A. No.464/2012, directing the Registry to return the appeal for its presentation before the Bench at Gwalior in view of the fact that cause of action had arisen at a place between Jora Alapur and Sumaoli Railway Stations located in Distt. Morena, that falls within the territorial jurisdiction of the Bench of this Court at Gwalior.

(2.) Learned counsel for petitioner, the Union of India, has strenuously contended that the order deserves to be reviewed as the order passed by the Tribunal, situated within the jurisdiction of the Principal Seat of this Court, constituted a part of cause of action and for the purpose, an analogy could have been drawn from Article 226(2) of the Constitution of India. To buttress the argument, implicit reliance has been placed on a four-judge Bench decision of the Apex Court in Nasiruddin v. State Transport Appellate Tribunal, 1976 AIR(SC) 331 that has been explained in Ms. Kusum Ingots and Alloys Ltd. v. Union of India and another, 2004 AIR(SC) 2321 Particular reference is made to Paragraph 24 and 25 of the Judgment in Ms. Kusum Ingots and Alloys Ltd.

(3.) Relevant extracts of Paragraph 24 and 25 (in extenso) may be reproduced here-in-below - ?24??????.So far as the decision of this Court in Nasiruddin v. State Transport Appellate Tribunal is concerned it is not an authority for the proposition that the situs of legislature of a State or the authority in power to make subordinate legislation or issue a notification would confer power or jurisdiction on the High Court or a bench of the High Court to entertain petition under Art. 226 of the Constitution. In fact this Court while construing the provisions of United Provinces High Courts (Amalgamation) Order, 1948 stated the law thus :- "The conclusion as well as the reasoning of the High Court is incorrect. It is unsound because the expression "cause of action" in an application under Art. 226 would be as the expression is understood and if the cause of action arose because of the appellate order or the revisional order which came to be passed at Lucknow then Lucknow would have jurisdiction though the original order was passed at a place outside the areas in Oudh. It may be that the original order was in favour of the person applying for a writ. In such case an adverse appellate order might be the cause of action. The expression "cause of action" is well-known. If the cause of action arises wholly or in part at a place within the specified Oudh areas, the Lucknow Bench will have jurisdiction. If the cause of action arises wholly within the specified Oudh areas, it is indisputable that the Lucknow Bench would have exclusive jurisdiction in such a matter. If the cause of action arises in part within the specified areas in Oudh it would be open to the litigant who is the dominus litis to have his forum conveniens. The litigant has the right to go to a Court where part of his cause of action arises. In such cases, it is incorrect to say that the litigant chooses any particular Court. The choice is by reason of the jurisdiction of the Court being attracted by part of cause of action arising within the jurisdiction of the Court. Similarly, if the cause of action can be said to have arisen partly within specified areas in arisen in Oudh and partly outside the specified Oudh areas, the litigant will have the choice to institute proceedings either at Allahabad or Lucknow. The Court will find out in each case whether the jurisdiction of the Court is rightly attracted by the alleged cause of action". 25. The said decision is an authority for the proposition that the place from where an appellate order or a revisional order is passed may give rise to a part of cause of action although the original order was at a place outside the said area. When a part of the cause of action arises within one or the other High Court, it will be for the petitioner to choose his forum.?