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Section 16: Suits to be instituted where subject-matter situate.

The Code of Civil Procedure, 1908Central Act · Act 5 of 1908

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) 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 [India].

Where this provision sits

ActThe Code of Civil Procedure, 1908
Section16
Marginal noteSuits to be instituted where subject-matter situate.
JurisdictionCentral
StatusIn force as published by the source
Judgments citing it33

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

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

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