Kapur, J. - (1.) THIS is a Plaintiff's appeal against an order of the senior subordinate judge of Simla, returning the plaint for presentation to Court of proper jurisdiction.
(2.) THE Plaintiff brought a suit for the recovery of Rs. 10,500/ -, principal and interest, on the allegation that the Defendant offered to get for the Plaintiff. A permanent lease of a cinema site in Lahore Cantonment and paid the Plaintiff Rs. 10,000/ - as a premium which he had to return if he was not successful in getting the cinema site for the Plaintiff. The Defendant was not able to get this lease and therefore this suit has been brought for the recovery of that money. The only point for determination in this appeal is whether the Simla Court has jurisdiction to try the suit. On 3 -8 -1948, the Plaintiff sent a notice to the Defendant demanding repayment of the money and on 9 -8 -1948, he brought the present suit. The Subordinate Judge has held that: (1) the Defendent, does not reside in Simla; (2) he does not carry on business personally at Simla; (3) the Plaintiff does not reside at Simla; and (4) the Defendant , is a displaced person.
(3.) IN view of the fact that the Plaintiff does not reside at Simla and the Defendant , is a displaced person the suit will be governed by the provisions of Section 20, Code of Civil Procedure which provides that every suit shall be instituted to a Court within the local limits of whose jurisdiction the Defendant "actually and voluntarily resides or carries on business or personally works for again". In support of his contention the learned Advocate for the Appellant has relied on three things; firstly, that the Defendant , is a Managing Director of Davlco's Limited which company is carrying on business of restaurants in Simla, secondly, the Defendant made a declaration under Section 87, Companies Act, in which he gave as his usual residential address Davico's Limited, Simla (see Ex. P.W. 1/A), and thirdly, a liquor license was issued in the name of the Defendant V.V. Puri as managing director of the Company.;