Question related to Jurisdiction | A, who actually and voluntarily resides within the district of Burdwan enters into a contract… Discuss, with reference to the provisions of the Code of Civil Procedure, whether the Burdwan court has jurisdiction to entertain the suit

Question: Question related to Jurisdiction | A, who actually and voluntarily resides within the district of Burdwan enters into a contract with B for sale of some land situated in the district of Howrah. A having refused to convey the land in accordance with the contract.

B brings a suit in Burdwan Court for specific performance of the contract. Discuss, with reference to the provisions of the Code of Civil Procedure, whether the Burdwan court has jurisdiction to entertain the suit.

Find the answer to the mains question only on Legal Bites. [Question related to Jurisdiction | A, who actually and voluntarily resides within the district of Burdwan enters into a contract… Discuss, with reference to the provisions of the Code of Civil Procedure, whether the Burdwan court has jurisdiction to entertain the suit.]

Answer

In question, B brings a suit for specific performance. Specific performance is an equitable relief that can be obtained through the personal obedience of the defendant. Therefore, proviso to section 16 of the Code of Civil Procedure is applicable in such a case which states as follows:

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.

Therefore, both the courts at Burdwan and Howrah have jurisdiction to entertain the suit.

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