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At what Place or Places can the Following Suits be Instituted in India?

January 13, 2019 0 Comment

(d) A suit for damages for libel published by the defendant at X when he resides at Y.

(a) Under Section 16 (a), subject to the pecuniary or other limitations prescribed by any law, suits for recovery of immovable property with or without rent or profits shall be instituted in the court within the local limits of whose jurisdiction the property is situate. The suit should, therefore, be instituted in the court at X where the house is situated.

(b) Under Section 20, the suit can be instituted on the basis of a promissory note either at court X or court Y at the option of the plaintiff—court X where the note was executed and the cause of action arose or court Y where the defendant resides.

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(c) Section 17 lays down that 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.

Accordingly the suit can be instituted either at X or V, subject to the pecuniary limits of jurisdiction of such court. The entire claim must be cognizable by the court in which the suit is filed. The residence of the defendant for the purposes of the jurisdiction of the court is immaterial.

(d) The suit can be instituted at either X where the libel was published or at V where the defendant resides, it being governed under Section 19 which provides that where a suit is for compensation for wrong done to the person or the 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.

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