Explain the limitations under Civil Procedure Code that every suit shall be instituted in a court within the local limit of whose jurisdiction the defendant actually resides or carries on business.

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2022
Explain the limitations under Civil Procedure Code that every suit shall be instituted in a court within the local limit of whose jurisdiction the defendant actually resides or carries on business.

Answer & Explanation:

According to Section 20(a) of Civil Procedure Code, 1908, subject to the limitations aforesaid i.e. Section 15, 16, 17, 18 and 19, every suit shall be instituted in a Court within the local limits of whose Jurisdiction the defendant, or each of the defendants where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain. The provisions relating to limitation are explained as under: Section 15 - Court in which suits to be instituted: Every suit shall be instituted in the Court of the lowest grade competent to try it. Section 16 - Suits to be instituted where subject-matter situate: 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 situate. However, 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. Section 17 - Suits for immovable property situate within jurisdiction of different Courts: 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: However, in respect of the value of the subject-matter of the suit, the entire claim is cognizable by such Court. Section 18 - Place of Institution of suit where local limits of jurisdiction of Courts are uncertain: Where it is alleged to be uncertain within the local limits of the jurisdiction of which of two or more Courts, any immovable property is situate, any one of those Courts may, if satisfied that there is ground for the alleged uncertainty, record a statement to that effect and thereupon proceed to entertain and dispose of any suit relating to that property, and its decree in the suit shall have the same effect as if the property were situate within the local limits of its jurisdiction: However, that the suit is one with respect to which the Court is competent as regards the nature and value of the suit to exercise jurisdiction. Where a statement has not been recorded under section 18(1), and an objection is taken before an Appellate or Revisional Court that a decree or order in a suit relating to such property was made by a Court not having jurisdiction where the property is situate, the Appellate or Revisional Court shall not allow the objection unless in its opinion there was, at the time of the institution of the suit, no reasonable ground for uncertainty as to the court having jurisdiction with respect thereto and there has been a consequent failure of justice Section 19 - Suits for compensation for wrongs to person or movables: Where a suit is for compensation for wrong done to the person or to movable property, if the wrong was done within the local limits of the jurisdiction of one Court and the defendant resides, or carries on business, or personally works for gain, within the local limits of the jurisdiction of another Court, the suit may be instituted at the option of the plaintiff in either of the said Courts.

Topics: Civil Procedure Code, 1908

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