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Section 16 – Civil Procedure Code 1908

Civil Procedure Code 1908

 

 

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 1[India].

 

 

COMMENTS

 

Where the property mortgaged as collateral security for loan advanced to defandant by a bank situated at place ‘J’ then the suit for foreclosure by the bank can only be instituted before Civil Court at place ‘J’; Central Bank of India v. Eleena Fasteners (P) Ltd., AIR 1999 HP 104.

 

 

1. Subs. by Act 2 of 1951, sec. 3, for “the States” (w.e.f. 1-4-1951).

 

 

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Civil Procedure Code 1908

 

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