Discuss those provisions of Civil Procedure Code which are applied in determination of filing a suit relating to immovable property

Question: Discuss those provisions of Civil Procedure Code which are applied in determination of filing a suit relating to immovable property. [U.P C.J. 1999]

Find the answer to the mains question only on Legal Bites. [Discuss those provisions of Civil Procedure Code which are applied in determination of filing a suit relating to immovable property.]

Answer

Section 16 to 18 of the Code of Civil Procedure, 1908 are applied in determining ‘place of suing’ for a suit relating to immovable property.

Section 16: Following kind of suits to be instituted where subject matter property is situated:

(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/ tort to immovable property,

Section 17: Suits for immovable property situate within jurisdiction of different Court

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.

Section 18 of the code provides for the situation where it is uncertain within the local limits of jurisdiction of which of two or more courts any immovable property is situated. It provides that if there is uncertainty, it may after recording a statement regarding uncertainty, entertain the suit provided the suit is competent as regards the nature and value of the suit to exercise jurisdiction.

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