Section 18 of the Code of Civil Procedure, 1908

Section 18 CPC deals with the place of institution of a suit concerning immovable property where it is uncertain within the local limits of the jurisdiction of which of two or more Courts the property is situated.

Legal text reviewed: September 6, 2026. The central provision below should be read with applicable State amendments, local laws, pecuniary limits and binding judicial decisions.

Section 18 CPC

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.

In brief: Section 18 provides a practical rule where territorial boundaries between Courts are genuinely uncertain. A potentially competent Court may record the uncertainty and proceed, while a later jurisdiction objection ordinarily fails unless there was no reasonable basis for the uncertainty and the error caused a failure of justice.

How Section 18 operates

Sub-section (1) is preventive. It allows one of the potentially competent Courts to formally record the uncertainty before proceeding with the suit, provided that Court is otherwise competent with regard to the nature and value of the claim.

Sub-section (2) is curative. It limits challenges at the appellate or revisional stage where no statement was recorded under sub-section (1). The objection is not enough by itself; the higher Court must also find that there was no reasonable ground for uncertainty when the suit was instituted and that a consequent failure of justice occurred.

Official reference: Code of Civil Procedure, 1908 - India Code. For litigation or professional use, also verify applicable State amendments, current pecuniary limits and relevant High Court rules.