IQBAL

NEW DELHI :- Every person suffering from civil nature case has the right to file suit in court for treatment. The lawsuits can be classified on the basis of nature, subject matter and nature of dispute.
Section 15 -20 of the Civil Procedure refers to the provisions governing the lawsuits which indicate where the suit will be instituted.

The suit shall first be instituted in the category of the lowest court which is competent to consider that matter. Section 15 provides this rule and procedure.

The purpose of presenting the suit in the lower class court is to facilitate the parties and to save the High Court from the burden of the lawsuits .

The competence of lower class courts is determined on the basis of their evaluation of the suit, if the decree is passed against it, it will be a figure and zero.

Normally, economic jurisdiction is determined only on the basis of the assessment of the suit. If the plaintiff evaluates his case less and more, then it will be unfair. In such cases it is the duty of the court to properly evaluate the suit under Order 7 Rule 11 of the Code Along with this, order to be presented in the appropriate court, the court can also order the plaintiff to prove the evaluation of the case as true

If the objections of economic jurisdiction are raised by the defendant then it is the duty of the court to properly investigate and pass the appropriate order

Appeal and revision of economic jurisdiction cannot be raised directly before the court. During the appeal or revision, the court will consider such objections only if such objection has not been raised in the first court on an accessible occasion and it has not resulted in failure of the court

Suits to be instituted where subject-matter situate
Code of Civil Procedure Section 16 provides that the suit will be set up where the subject matter of the suit is located, such as

  • For immovable property
  • For division of immovable property
  • To foreclose immovable property
  • For real property rights. e.t.c

 

Property described in this section means property located in India.

Section 17 of the Code of Civil Procedure stipulates that when a property is situated within the boundary of two courts, the suit can be instituted in either court.

Section 18 of the Code of Civil Procedure stipulates that if the disputed property is situated within an indefinite range of two courts and the suit of the property is accepted by any court, the reason for the sense of uncertainty shall be recorded and the decree passed by that court shall be the same. The effect will apply as if the property is located within the limits of that court

If the suit is instituted for compensation against physical or movable property, then the suit may be instituted at the option of the plaintiff
Where the plaintiff resides
Where the plaintiff does business

Illustration
(a) One who is resident of Delhi (b) Beats in Calcutta b Either in Delhi or Calcutta can bring any case

It is clear from the above that the suit will be settled where the subject matter of the plaintiff or the suit is, whether the respondent or any disputed property.

 

ACCORDING TO CODE 

Place of suing

15. Court in which suits to be instituted .-Every suit shall be instituted in the Court of the lowest grade competent to try it.

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) for 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:

Provided that 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.

Explanation .-In this section “property” means property situate in [India].

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:

Provided that, in respect of the value of the subject-matter of the suit, the entire claim is cognizable by such Court.

18. Place of institution of suit where local limits of jurisdiction of Courts are uncertain .-(1) 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:

Provided 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.

(2) Where a statement has not been recorded under sub-section (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.

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.

20. Other suits to be instituted where defendants reside or cause of, action arises .-Subject to the limitations aforesaid, every suit shall be instituted in a Court within the local limits of whose jurisdiction-

(a) 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; or

(b) any 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, provided that in such case either the leave of the Court is given, or the defendants who do not reside, or carry on business, or personally work for gain, as aforesaid, acquiesce in such institution; or

(c) the cause of action, wholly or in part, arises.

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[ Explanation ].-A corporation shall be deemed to carry on business at its sole or principal office in [India] or, in respect of any cause of action arising at any place where it has also a subordinate office, at such place.

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