CPC 16 — Suits to be instituted where subject-matter situate

Code of Civil Procedure, 1908

Statutory text

Subject to  the  pecuniary  or  other limitations prescribed by any law, suits—
(a) for the recovery of immovable property with or without rent or profits,
(b) for the partition of immovable property,

(c)  for foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable
property,
(d) or the determination of any other right to or interest in immovable property,
(e) for compensation for wrong to immovable property,
(f) for the recovery of movable property actually under distraint or attachment,
shall be instituted in the Court within the local limits of whose jurisdiction the property is situate:
Provided  that  a  suit  to  obtain  relief  respecting,  or  compensation  for  wrong  to,  immovable  property
held  by  or  on  behalf  of  the  defendant  may,  where  the  relief  sought  can  be  entirely  obtained  through  his
personal  obedience,  be  instituted  either  in  the  Court  within  the  local  limits  of  whose  jurisdiction  the
property is situate, or in the Court within the local limits of whose jurisdiction the defendant actually and voluntarily resides, or carries on business, or personally works for gain.
Explanation.—In this section “property” means property situate in

[India].
17.  Suits for immovable property situate within jurisdiction of different Courts.—Where a suit is to
obtain relief respecting, or compensation for wrong to, immovable property situate  within the jurisdiction of
different  Courts,  the  suit  may  be  instituted  in  any  Court  within  the  local  limits  of  whose  jurisdiction  any
portion of the property is situate :
Provided that, in respect of the value of the subject-matter of the suit, the entire claim is cognizable by such Court.
18.    Place    of    Institution    of    suit    where    local    limits    of    jurisdiction    of    Courts    are uncertain.— (1) Where it is alleged to be uncertain within the local limits of the jurisdiction of which of
two  or  more  Courts,  any  immovable  property  is  situate,  any  one  of  those  Courts  may,  if  satisfied  that
there  is  ground  for  the  alleged  uncertainty,  record  a  statement  to  that  effect  and  thereupon  proceed  to
entertain  and  dispose  of  any  suit  relating  to  that property,  and  its  decree  in  the  suit  shall  have  the  same
effect as if the property were situate within the local limits of its jurisdiction:
Provided  that the suit  is  one  with respect  to  which  the  Court is  competent  as regards the  nature  and value of the suit to exercise jurisdiction.
(2) Where a statement has not been recorded under sub-section (1), and an objection is taken before
an Appellate or Revisional Court that a decree or order in a suit relating to such property was made by a
Court  not  having  jurisdiction  where  the  property  is  situate,  the  Appellate  or  Revisional  Court  shall  not
allow the objection unless in its opinion there was, at the time of the institution of the suit, no reasonable
ground  for  uncertainty  as  to  the  court  having  jurisdiction  with  respect  thereto  and  there  has  been  a consequent failure of justice.

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