In Kamala Chopra v. L.I.C. of India, AIR 1975 Del 15, it was held by the Delhi High Court that the cause of action comprises every fact which Is necessary to be proved.
18 In Kamala Chopra vs Life Insurance Corporation of India,
AIR 1975 Delhi 15, the High Court of Delhi, while relying upon the
aforesaid judgments of Nagpur High Court and Kerala High Court
interpreted the explanation to Section 20 of CPC and observed as
under:
10. The authority viz., Smt Kamla Chopra v. Life insurance Corporation of India, AIR 1975 Delhi 15, relied upon by Mr. Malhotra is clearly distinguishable on facts. In that case, jurisdiction of the Delhi Court, in which she had instituted her suit, was sought to be defended by the plaintiff on two grounds: firstly, that refusal to pay the insurance money was made by the defendant company at Delhi, and secondly, that the defendant company had also its Divisional Office in Delhi. So far as the first ground was concerned, it was held that refusal to pay did not constitute a part of the cause of action, for, to get such a claim, it was not necessary, to show as to whether the same was refused by the defendant Company. So
far as the second ground was concerned, it was held that since no part of the cause of action had admittedly arisen in Delhi, as such, Explanation II to Section 20 did not apply to give jurisdiction to the Delhi Court. This authority is thus of no avail to Mr. Malhotra.
11. A single Judge of this Court has in Kamla Chopra vs. L.I.C. of India , found it irrelevant that the repudiation of the liability under an insurance policy took place in Delhi. Avadh Behari, J. held that the Suit that involved the question of liability under the policy issued at Kanpur and Varanasi could have been filed either at Kanpur or Varanasi where the policies were issued or at Bombay where L.I.C. has its principal office. The repudiation of liability at Delhi was found not to provide the cause of action and since Delhi was not the principal office, it lacked territorial jurisdiction.
7. It is further argued by the counsel for
appellant/defendant that entire case of the respondent/plaintiff is on
assumptions and without any document or even any averment to
substantiate. Counsel for the appellant submitted that the order and decree
dt. 27/11/2012 is liable to be set aside. Counsel for appellant has also
relied upon the judgments of Patel Road ways Ltd. Vs. Prasad Trading
Corporation (AIR1992 SC 1514), Tata Motors Ltd. Vs. JSC VTB
Bank Ltd. 2012(130) DRJ142, Kamla Chopra Vs. Life Insurance
Corporation AIR 1975 Delhi 15, Gujarat Insecticides V Jainson
Mineral & Anr (2009) 153, PLR 1.