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The Code of Civil Procedure, 1908: page 41

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 41, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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           (c) for foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable
        property,
            (d) or 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].
     17. Suits for immovable property situate within jurisdiction of different Courts.—Where a suit is to
obtain relief respecting, or compensation for wrong to, immovable property situate within the jurisdiction of
different Courts, the suit may be instituted in any Court within the local limits of whose jurisdiction any
portion of the property is situate:
    Provided that, in respect of the value of the subject-matter of the suit, the entire claim is cognizable
by such Court.                                                              e
                                                                        od
    18. 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
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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
                                                                di
effect as if the property were situate within the local limits of its jurisdiction:
                                                           In
    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.
     19. Suits for compensation for wrongs to person or movables.—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.
                                                  Illustrations

     (a) A, residing in Delhi, beats B in Calcutta. B may sue A either in Calcutta or in Delhi.
    (b) A, residing in Delhi, publishes in Calcutta statements defamatory of B. B may sue A either in Calcutta or in
Delhi.
     20. Other suits to be instituted where defendants reside or cause of action arises.—Subject to
the limitations aforesaid, every suit shall be instituted in a Court within the local limits of whose
jurisdiction—
          (a) the defendant, or each 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; or
          (b) 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

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


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