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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].

Code of Civil Procedure 1908

What is Short title, extent, commencement and provisions? Section 1 of Code of Civil Procedure 1908

What are the definitions? Section 2 of Code of Civil Procedure 1908

What is Subordination of Courts, What is Savings? What is the Application of the Code to Revenue Courts? Section 3, 4, and 5 of Code of Civil Procedure 1908

What is Pecuniary jurisdiction? What are Provincial Small Cause Courts? What is Presidency Small Cause Courts? Section 6, 7, and 8 of Code of Civil Procedure 1908

What is the meaning Courts to try all civil suits unless barred? What is Stay of suit? What is Res judicata? Section 9, 10 and 11 of Code of Civil Procedure 1908

What is Bar to further suit? When foreign judgment not conclusive? What is Presumption as to foreign judgments? Section 12, 13 and 14 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

What is the meaning Suits for immovable property situate within jurisdiction of different Courts? Section 17 of Code of Civil Procedure 1908

Where is the Place of institution of suit where local limits of jurisdiction of Courts are uncertain? Section 18 of Code of Civil Procedure 1908

What is Suits for compensation for wrongs to person or movables? Section 19 of Code of Civil Procedure 1908

What is the meaning Other suits to be instituted where defendants reside or cause of action arises? Section 20 of Code of Civil Procedure 1908


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