Question

The place of suing in a suit for partition will be

• A. Court within whose jurisdiction the person is residing
• B. Court within whose jurisdiction the elder person of the family resides
• C. Court within whose jurisdiction the entire property of the family is situated.
• D. Court within whose jurisdiction the immovable property is situated

Hint:

Remember the basic rule of jurisdiction in CPC: For suits related to immovable property (like partition, foreclosure, rent), the location of the \textbf{property} matters (Section 16). For most other suits (personal actions), the residence of the \textbf{defendant} matters (Section 20).

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
The question asks about the correct jurisdiction or 'place of suing' for a suit for the partition of immovable property. This is governed by the rules of jurisdiction in the Code of Civil Procedure (CPC), 1908.
Step 2: Detailed Explanation:
Section 16 of the CPC deals with the place of suing for suits relating to immovable property. It states that, subject to certain limitations, suits for the following purposes shall be instituted in the Court within the local limits of whose jurisdiction the property is situate:
(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 or charge upon immovable property;
...and so on.
This rule is based on the principle that courts where the property is located are best placed to deal with disputes concerning it. The residence of the parties (Options A and B) is irrelevant for determining the jurisdiction in such suits. Option (C) is too restrictive, as Section 17 allows a suit to be filed in any court where a part of the property is situated if the property falls under the jurisdiction of different courts. Option (D) correctly states the general rule from Section 16(b).
Step 3: Final Answer:
According to Section 16 of the CPC, a suit for the partition of immovable property must be filed in the court within whose local jurisdiction the property is situated. Therefore, option (D) is the correct answer.