APCRPCO Section 15 : Leave to Sue
Act
Summary
Section 15 of the Andhra Pradesh Civil Rules Of Practice And Circular Orders, 1990, outlines the process for obtaining leave to sue. If required under Section 20(b) of the Code, the plaint must include a request for leave and an affidavit detailing defendants' residences and occupations. Upon granting leave, the summons must include a notice as per Form No. 9. The court may notify defendants before deciding on the application.
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Explanation using Example
Example 1: Business Dispute Across Jurisdictions
Introduction: Raj, a businessman based in Hyderabad, wants to file a lawsuit against his supplier, who is based in Chennai, for breach of contract. The contract was executed in Hyderabad, but the supplier operates primarily in Chennai.
Application: According to Rule 15(a) of the Andhra Pradesh Civil Rules Of Practice And Circular Orders, 1990, Raj needs to seek leave to sue under Section 20(b) of the Code of Civil Procedure. His plaint must include a prayer for leave and be accompanied by an affidavit detailing the supplier's residence and occupation, and the reasons for choosing the Hyderabad court.
Outcome: If the court grants leave, as per Rule 15(b), the summons issued to the supplier will include a notice as outlined in Form No. 9. This ensures the supplier is properly informed of the legal proceedings.
Conclusion: Compliance with this provision ensures the suit is properly instituted in Hyderabad, considering the supplier's residence in Chennai. Non-compliance could lead to dismissal or transfer of the suit.
Example 2: Personal Injury Case with Multiple Defendants
Introduction: Priya, a resident of Vijayawada, was injured in a car accident involving drivers from different states. She decides to file a lawsuit for damages in Vijayawada.
Application: Under Rule 15(a), Priya must include a prayer for leave to sue in her plaint, accomp...
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