Which are the cases relating to property that can be instituted under Section 16 of Civil Procedure Code, 1908 ? State the limitations, if any.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2022
Which are the cases relating to property that can be instituted under Section 16 of Civil Procedure Code, 1908 ? State the limitations, if any.
Answer & Explanation:
According to Section 16 of the Civil Procedure Code, 1908 subject to the pecuniary or other limitations prescribed by any law, the following suits (relating to property) shall be instituted in the Court within the local limits of whose jurisdiction the property is situated: for recovery of immovable property with or without rent or profits; for partition of immovable property; for foreclosure of sale or redemption in the case of a mortgage or charge upon immovable property; for the determination of any other right to or interest in immovable property; for compensation for wrong to immovable property; for the recovery of movable property actually distraint or attachment. It has also been provided by a proviso that where relief could be obtained through personal obedience of the defendant such suit to obtain relief for compensation or respecting immovable property can be instituted either in a local Court within whose local limits of jurisdiction the property is situated or in the Court within whose local limits of jurisdiction the defendant voluntarily resides or carries on business or personally works for gain. According to the Explanation, "property" means property situated in India.
Topics: Civil Procedure Code
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