M/S. SOUTH EAST ASIA SHIPPING CO. LTD.versusM/S. NAV BHARAT ENTERPRISES PVT. LTD. AND ORS.

                   M/S. SOUTH EAST ASIA SHIPPING CO. LTD.                                A
                                     v.
              M/S. NAY BHARAT ENTERPRISES PVT. LTD. AND ORS.

                                       MARCH 13, 1996

                    [K. RAMASWAMY AND K. VENKATASWAMI, JJ.]                              B

                 Code of Civil Procedure, 1908: Section 20(c).

               Suit-Jurisdiction-Cause of action-Contract executed at Bom-
         bay-f'eifonnance of contract also required to be done at Bombay-Bank
         guaralltee in furtherance of contract executed at Delhi-Transmission of C
         guarantee to Bombay for peifonnance of contract-Suit filed in Delhi High
         Court seeking perpetual injunction against enforcing bank guarantee-Held
         not maintainable-Held no part of cause of action had wisen at Delhi-Held
         execution of bank guarantee at Delhi and transmission to Bombay for pe1for-
         mance of contract does not constitute cause of action to lay suit in D
         Delhi-Retum of plaint for presentation· to proper Court held correct.

                Cause of action-Meaning of-Held consists of bundle of facts which
         give cause to enforce the legal injury for redress.

               ABC Laminwt Pvt. Ltd. & Anr. v.A.P. Agencies, Salem, [1989) 2 SCC         E
         163, cited.

                 CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1116 of
         1981.

               From the Judgment and Order dated 19.2.80 of the Delhi High Court         F
         in F.A.O. (OS) No. 56 of 1979.

                 R.S. Sodhi, (NP) for the Appellant.

                 Mrs. AK. Verma for JED & Co.,
                                                                                         G
                 The following Order of the Court was delivered :

._.. •         This appeal by special leave arises from the order of the Division
         Bench of the Delhi High Court made on February 19, 1980 in FAO (OS)
         No. 56/79. The respondents had filed a suit on the original side of the Delhi
         High Court for perpetual injunction against the appellant from enforcing        H
                                            405
    406                   SUPREME COURT REPORTS                   [1996) 3 S.C.R.

A   bank guarantee dated July 16, 1977. The learned single Judge held that no
    part of the cause of action had arisen within the jurisdiction of the High
    Court and, therefore, the Court lacked jurisdiction to entertain the suit. On
    appeal, the Division Bench concluded that since the bank guarantee was
    executed in Delhi and payments were to be made in Delhi, the High Court
    has jurisdiction to try the suit and the direction of the learned single Judge
B   to return the plaint for presentation to the Proper Court was not correct
    in law. Thus this appeal by special leave.

        The only controversy is whether the Delhi High Court has jurisdic-
  tion to entertain the suit. It is an admitted position that the contract was
C executed in Bombay. It is also an admitted position that the performance
  of obligations and liabilities under the contract was required to be done in
  Bombay inasmuch as Cargo of livestock was to be transported in the ship
  from Kandla to Daman or Jeddah. It is also an admitted position that in
  furtherance of the execution of the contract at Bombay, the respondents
D had executed the bank guarantee at Delhi and had transmitted it to
  Bombay for performance of the contract. The question, therefore, is
  whether any part of the cause of action had arisen in Delhi. The learned
  counsel for the respondents had relied upon a judgment of this Court in            r
  ABC Laminait Pvt. Ltd. & Anr. v. A.P. Agencies, Salem, [1989] 2 SCC 163
  to contend that since part of the cause of action had arisen in Delhi, the
E High Court on the original side has jurisdiction to entertain the suit. We
  are unable to accept the contention.

         It is settled law that cause of action consists of bundle of facts which
  give cause to enforce the legal injury for redress in a court of law. The
F cause of action means, therefore, every fact, which if traosversed, it would       -y
  be necessary for the plaintiff to prove in order to support his right to a
  judgment of the Court. In other words, it is a bundle of facts, which taken
  with the law applicable to them, gives the plaintiff a right to claim relief
  against the defendant. It must include some act done by the defendant
  since in the absence of such an act no cause of action would possibly accrue
G or would arise. In view of the admitted position that contract was executed
  in Bombay, i.e., within the jurisdiction of the High Court of Bombay,
   performance of the contract was also to be done within the jurisdiction of        • ~
   the Bombay High Court; merely because bank guarantee was executed at
   Delhi and transmitted for performance to Bombay, it does not constitute
H a c~use of action to give rise to the respondent to lay the suit on the original
   SOUTH EAST ASIA SHIPPING CO. LTD.'· NAY BHARAT ENTERPRISES PVf. LTD. 407


side of the Delhi High Court. The contention that the Division Bench was      A
right in its finding and that since the bank guarantee was executed and
liability was enforced from the bank at Delhi, the Court got jurisdiction,
cannot be sustained.

       We, therefore, hold that the learned single Judge was right in his
conclusion· that no part of the cause of action had arisen within the         B
jurisdiction on the original side of the High Court of Delhi and direct to
return the plaint for presentation to the proper court.

       The appeal is accordingly allowed. The order of the Division Bench
is set aside and that of learned single Judge is resiored. No costs.
                                                                              c
T.N.A.                                                    Appeal allowed.