Lawfarm Team
in Property Law Family Law Civil Law
Asked June 08, 2016

Where to file suit?

  • 2 Answers
  • 188 Views

Keshav, Raju and Babloo are joint owners of the property situated at Jaipur. Keshav lives in Mumbai, Raju lives in Delhi and Babloo lives in Jaipur. In which court or courts can the suit for partition be filed?

Answers 2

The suit can only be filed in the jurisdiction (which is the power of a Court to deal with a case) where the subject matter lies. It is provided in the query that the property is in Jaipur so the suit for partition can only be filed in Jaipur, irrespective of the place of residence of joint owners. 

Agree Comment 0 Agrees 12 months ago

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Arjit Narendra Srivastava

The facts given in the question is one of the territorial jurisdiction which means that it refers to jurisdiction over cases arising in or involving persons residing within a defined territory. It can also be the territory over which a government or one of its courts or one of its subdivisions has jurisdiction. If a court does not have territorial jurisdiction over the events or persons within it, then the court will not be able to bind the defendant to an obligation or adjudicate any rights involving them.

Jurisdiction means the extent of the authority of a court to administer justice not only with reference to the subject-matter of the suit but also to the local and pecuniary limits of its jurisdiction. In other words a court is said to be competent to try a civil suit when it has territorial jurisdiction, pecuniary or monetary jurisdiction and jurisdiction with regard to the subject matter.

According to section 16(b) of CPC(Civil procedure code) suits for the partition of immovable property shall be instituted in the court within the local limits of whose jurisdiction the property is situated.

Now according to the facts given in the question if we apply the section then the court or     courts in Jaipur will have the jurisdiction as the property or is situated in Jaipur.

NOTE:

1. That this section would not apply in the case if the property in dispute is of movable property as section 16(b) is only applicable to “suits for the partition of immovable property.

2. Suits to obtain relief or compensation for wrong to immovable property, can be instituted either in the court within the local limits of whose jurisdiction the property is situated or in the court within the local limits of whose jurisdiction the defendant resides, or carries on business.[1] However, that is not the case here.

 

[1]Section 16(b) of CPC

Agree Comment 0 Agrees 11 months ago

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