In which court a suit for the partition of immovable property may be instituted by the plaintiff?

Question: In which court a suit for the partition of immovable property may be instituted by the plaintiff? Give reasons in support of your answer and also refer to relevant provisions on the point.

Find the answer to the mains question only on Legal Bites. [In which court a suit for the partition of immovable property may be instituted by the plaintiff? Give reasons in support of your answer and also refer to relevant provisions on the point.]

Answer

This question is based on Section 16, The Code of Civil Procedure, 1908. Section 16 provides the jurisdiction of the court in case of immovable property. It states that –

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 situated.

The relevant part of Section 16 on which the question is based, speaks that a suit relating to partition of immovable property shall be instituted in the court within the local limits of whose jurisdiction the property is situated. In this question the suit is for partition and the subject matter is immovable property. Thus, in view of the provision made in Section 16, the suit by the plaintiff may be instituted within the local limits of whose jurisdiction the property is situated.

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