Question

Under Section 16, 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:

Remember the basic rule of jurisdiction: For immovable property, the location of the property is key (Section 16). For all other cases, it's generally where the defendant resides or where the cause of action arose (Section 20). The specific rule (S.16) overrides the general rule (S.20).

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The question is about the place of suing (jurisdiction) for suits related to immovable property as per the Code of Civil Procedure, 1908.

Step 2: Detailed Explanation:
Sections 15 to 20 of the CPC deal with the place of suing.
Section 16 of the CPC specifically lays down the rule for suits related to immovable property. It states that suits for the recovery of immovable property, for partition of immovable property, for foreclosure, sale or redemption in the case of a mortgage, for the determination of any other right to or interest in immovable property, for compensation for wrong to immovable property, etc., shall be instituted in the Court within the local limits of whose jurisdiction the property is situated.
The principle is that the court which has territorial jurisdiction over the property is the proper forum.
- Option (B) refers to the general rule of jurisdiction under Section 20 of the CPC, which applies to other types of suits (like suits for damages, breach of contract), but not to suits for immovable property which are governed by the specific provision of Section 16. The proviso to Section 16 allows for suing where the defendant resides only in suits for personal obedience (e.g., specific performance), but the primary rule is the location of the property.

Step 3: Final Answer:
As per Section 16 of the CPC, a suit relating to immovable property must be filed in the court within whose local jurisdiction the property is situated.