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Territorial Jurisdiction in The civil Suits ( Sec 19 & 20 ) Part 2 II BY SPARSH JAIN
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Preparing Students for Judiciary & Law Entrance Exams
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Branch 1:
10/2 New Railway Road,
Opp. Bhargava Palace,
Gurugram
Branch 2:
C-711 (7th Floor) Nirvana Courtyard,
Nirvana Country, South City II,
Sector 50, Gurugram
Social Media-
Regards
Chinar Law Institute
Head Office: 10/2 New Railway Road,
Gurugram
M: 8447886331
Territorial Jurisdiction in Civil Suits
Section 16 Suits to be instituted where subject-matter situate - Subject to the pecuniary 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 a mortgage of or charge upon immovable property,
(d)for the determination of any other right to or interest in immovable property (specific performance of a contract to sell and possession),
(E)for compensation for wrong to immovable property (torts like trespass, nuisance, infringement of easement),
(F)for the recovery of movable property actually under distrait 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.
Section 17 Suits where immovable property is situated in jurisdiction of different courts - any of such court has jurisdiction
Section 18 Suits where local limits of jurisdiction of courts are uncertain - any of such court has jurisdiction
Section 19 Where a suit is for compensation for wrong done to the person or to movable property, if the wrong was done within the local limits of the jurisdiction of one Court and the defendant resides, or carries on business, or personally works for gain, within the local limits of the jurisdiction of another Court, the suit may be instituted at the option of the plaintiff in either of the said Courts.
Section 20 Subject to the limitations aforesaid, every suit shall be instituted in Court within the local limits of whose jurisdiction-
the defendant or each of the defendants where there are mere than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain; or
any of the defendants, where there are more than one, at the time of the commencement of the suit actually and voluntarily resides, or carries on business, or personally works for gain, provided that in such case either the leave of the Court is given, or the defendants who do not reside, or carry on business, or personally work for gain, as aforesaid, acquiesce in such institution; or
the cause or action, wholly or in part, arises.
Explanation - A corporation shall be deemed to carry on business at its sole or principal office in India or, in respect of any cause of action arising at any place where it has also a subordinate office, at such place.
Preparing Students for Judiciary & Law Entrance Exams
Download our App (Android & iOS) for more lectures, exam notifications, free tests and much more.
Branch 1:
10/2 New Railway Road,
Opp. Bhargava Palace,
Gurugram
Branch 2:
C-711 (7th Floor) Nirvana Courtyard,
Nirvana Country, South City II,
Sector 50, Gurugram
Social Media-
Regards
Chinar Law Institute
Head Office: 10/2 New Railway Road,
Gurugram
M: 8447886331
Territorial Jurisdiction in Civil Suits
Section 16 Suits to be instituted where subject-matter situate - Subject to the pecuniary 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 a mortgage of or charge upon immovable property,
(d)for the determination of any other right to or interest in immovable property (specific performance of a contract to sell and possession),
(E)for compensation for wrong to immovable property (torts like trespass, nuisance, infringement of easement),
(F)for the recovery of movable property actually under distrait 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.
Section 17 Suits where immovable property is situated in jurisdiction of different courts - any of such court has jurisdiction
Section 18 Suits where local limits of jurisdiction of courts are uncertain - any of such court has jurisdiction
Section 19 Where a suit is for compensation for wrong done to the person or to movable property, if the wrong was done within the local limits of the jurisdiction of one Court and the defendant resides, or carries on business, or personally works for gain, within the local limits of the jurisdiction of another Court, the suit may be instituted at the option of the plaintiff in either of the said Courts.
Section 20 Subject to the limitations aforesaid, every suit shall be instituted in Court within the local limits of whose jurisdiction-
the defendant or each of the defendants where there are mere than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain; or
any of the defendants, where there are more than one, at the time of the commencement of the suit actually and voluntarily resides, or carries on business, or personally works for gain, provided that in such case either the leave of the Court is given, or the defendants who do not reside, or carry on business, or personally work for gain, as aforesaid, acquiesce in such institution; or
the cause or action, wholly or in part, arises.
Explanation - A corporation shall be deemed to carry on business at its sole or principal office in India or, in respect of any cause of action arising at any place where it has also a subordinate office, at such place.