Territorial jurisdiction in civil suits must exist at filing; later change in defendant's residence cannot cure initial defect.

Territorial jurisdiction for a civil suit must be assessed on the date of institution under the Code of Civil Procedure, with jurisdiction depending on where the cause of action arose or where the defendant resided or carried on business at that time. The doctrine of dominus litus does not allow a plaintiff to choose a forum outside these statutory limits, and a later change in the defendant's residence cannot cure an initial lack of jurisdiction. On the admitted facts, no part of the cause of action arose within the trial court's local limits and the defendant was abroad when the suit was filed, so the suit was not maintainable there and the High Court's order was set aside.

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Issues: Whether the trial court had territorial jurisdiction to entertain the suit on the date of its institution, and whether a subsequent change in the defendant's residence could cure the initial want of jurisdiction.

Analysis: The suit had to be tested with reference to the date of institution. Territorial jurisdiction under the Code of Civil Procedure is governed by the place where the cause of action arose and, in the alternative, by the defendant's residence or place of business at the relevant time. The doctrine of dominus litus does not permit a plaintiff to choose any forum outside the statutory limits. A later change of residence does not validate a suit that was not maintainable when filed, and revisional discretion cannot be exercised contrary to the statute. On the admitted facts, no part of the cause of action arose within the local limits of the trial court and the defendant was residing abroad when the suit was instituted.

Conclusion: The suit was not maintainable in the trial court on the date of institution, and the subsequent change of residence could not confer territorial jurisdiction.

Final Conclusion: The order of the High Court was set aside and the appellant succeeded on the jurisdictional objection.

Ratio Decidendi: Territorial jurisdiction for a civil suit must be determined as on the date of institution, and a subsequent change in residence cannot confer jurisdiction that did not exist when the suit was filed.

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