Question

Under Section16 CPC a suit relating to immovable property can be filed in a court whose local jurisdiction is

• A. Where the property is situated
• B. Where the defendant voluntarily resides or carries on business
• C. Both (a) and (b)
• D. None of the above

Hint:

For jurisdiction, remember the simple rule: Suits follow the property, or they follow the defendant. For immovable property, the suit almost always follows the property (Section 16). For most other suits, it follows the defendant (Section 20).

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The Code of Civil Procedure, 1908, lays down specific rules for determining the place of suing (territorial jurisdiction) depending on the subject matter of the suit.

Step 2: Detailed Explanation:
Section 16 of the CPC deals with suits to be instituted where the subject-matter is situated. It states that suits for the following purposes shall be instituted in the Court within the local limits of whose jurisdiction the property is situated:
(a) for the recovery of immovable property;
(b) for the partition of immovable property;
(c) for foreclosure, sale or redemption in the case of a mortgage of immovable property;
(d) for the determination of any other right to or interest in immovable property;
(e) for compensation for wrong to immovable property.
The general rule for personal actions (where the defendant resides or works, as in option B) is given in Section 20. For suits related to immovable property, the primary rule is based on the location of the property itself.

Step 3: Final Answer:
A suit relating to immovable property must be filed in the court within whose local jurisdiction the property is situated.