In which court or courts can the following suit be instituted? (I) A suit for partition of immovable property, a house situated at Kanpur and jointly owned by X and Y, X, the plaintiff resides at Lucknow, while Y, the defendant, carries on business at Allahabad. (II),  (III), (IV)

Question: In which court or courts can the following suit be instituted?

(I) A suit for partition of immovable property, a house situated at Kanpur and jointly owned by X and Y, X, the plaintiff resides at Lucknow, while Y, the defendant, carries on business at Allahabad.

(II) A suit for compensation for the wrong done to an immovable property situate partly within the jurisdiction of one court and partly within that of another court.

(III) A suit for compensation for the wrong done to the person or movable property if the wrong was done within the limits of the jurisdiction of one court and the defendant resides within the jurisdiction of another court.

(IV) A suit for restitution of conjugal rights where the wife never lived with her husband.

Find the answer to the mains question only on Legal Bites. [In which court or courts can the following suit be instituted? (I) A suit for partition of immovable property, a house situated at Kanpur and jointly owned by X and Y, X, the plaintiff resides at Lucknow, while Y, the defendant, carries on business at Allahabad. (II), (III), (IV)]

Answer

(I)

As per section 16, suits regarding the immovable property are to be instituted in the court within whose local jurisdiction the property is situated. As per section 15, if the relief sought can be obtained through the personal obedience of the defendant, the suit may be instituted either (a) in the court within whose local jurisdiction the property is situated, or (b) in the court within whose jurisdiction the defendant resides or carries on business or personally works for gain.

Thus, the suit for partition of immovable property can be instituted at Kanpur ( where the property is situated) or at Allahabad where the defendant is carrying on the business.

(II)

Section 17 provides for the contingency when the suit property is situated at more than one place or situated within the limits of the jurisdiction of different courts. The suit for compensation of wrong done to immovable property may be instituted in any of the courts under the jurisdiction of which the property is situated provided the value of subject matter of the entire suit is cognizable by such courts.

(III)

A suit for compensation for the wrong done to a person or property if the wrong was done within the limit of the jurisdiction of one court and the defendant resides within the limits of the jurisdiction of another court, maybe instituted either in the court within whose jurisdiction the wrong was done or within the local limits of the court within whose jurisdiction the defendant resides or carries on business or personally works for gain. Hence, the suit may be instituted in any of the two courts.

(IV)

The situation is not covered in section 16-19, and as section 20 provides for the rule of place of suing for all other cases not covered by any of the foregoing sections, the suit may be instituted in any of the following courts, viz:

1. 1. Where the cause of action, wholly or partly arises; or
   2. Where the defendant resides or carries on business or personally works for gain.

Since the wife has not lived with the husband at all, in such a situation the cause of action did not arise where the husband was living so the second option is to file the case where the defendant resides or personally works for gain. Therefore, the husband will have to file the case where the wife is residing.

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Important Mains Questions Series for Judiciary, APO & University Exams

1. CPC Mains Questions Series: Important Questions Part – I of X
2. CPC Mains Questions Series: Important Questions Part – II of X
3. CPC Mains Questions Series: Important Questions Part – III of X
4. CPC Mains Questions Series: Important Questions Part – IV of X
5. CPC Mains Questions Series: Important Questions Part – V of X
6. CPC Mains Questions Series: Important Questions Part – VI of X
7. CPC Mains Questions Series: Important Questions Part – VII of
8. CPC Mains Questions Series: Important Questions Part – VIII of X
9. CPC Mains Questions Series: Important Questions Part – IX of X
10. CPC Mains Questions Series: Important Questions Part – X of X