SECTION 15, 16 OF CODE OF CIVIL PROCEDURE 1908

Court in which suits to be instituted? What is the meaning Suits to be instituted where subject matter situate? Section 15 and 16 of Code of Civil Procedure 1908

Court in which suits to be instituted and Suits to be instituted where subject matter situate are defined under Section 15 and 16 of Code of Civil Procedure 1908. Provisions under these Sections are:


 

Section 15 of Code of Civil Procedure 1908 "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 of Code of Civil Procedure 1908 "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 {Subs. by Act 2 of 1951, s.3, for "the States".} [India].

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