Discuss the provisions relating to place of suing under section 16 of the Code of Civil Procedure, 1908.

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2021
Discuss the provisions relating to place of suing under section 16 of the Code of Civil Procedure, 1908.

Answer & Explanation:

According to section 16 of the Code of Civil Procedure, 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, sale or redemption in the case of a mortgage of 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 under distraint or attachment. Further, It has 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.

Topics: Civil Procedure Code

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