Jayamaha v. Shabra Unico Finance Ltd. – sllr 2001 volume 3 page 321

In the case between JAYAMAHA (Plaintiff) and SHABRA UNICO FINANCE LTD (Defendant), the court addressed the issue of territorial jurisdiction, specifically whether the District Court of Mt. Lavania had jurisdiction based on the defendant’s address at the time the action was instituted. It was held that the jurisdiction must be determined by the defendant’s residence as at the date of filing, and should not be affected by subsequent changes of address. The underlying principle reaffirmed was that jurisdictional competence is governed by statutory provisions and gazette notifications relevant at the inception of action. The decision relied upon Sections 696 and 697 of the Civil Procedure Code and previous legal determinations, underscoring that the burden rests on establishing the defendant’s