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What are the Rules Regarding the Institution of Civil Suits in India?

January 13, 2019 0 Comment

Suits to be instituted where subject-matter situate:

2. Suits regarding immovable property are to be instituted in court within whose local jurisdiction the property is situate (S. 16). The proviso to Section 16, however, provides that where a suit to obtain relief In respect of immovable property can be entirely obtained through the personal obedience of the defendant, the suit may be instituted either within the local limits of the court where the property is situate, or in the court within whose jurisdiction the defendant actually and voluntarily resides or carries on business or personally works for gain.

Equity acts in personam:

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The proviso to the section is an application in a modified form of a maxim of Equity, viz., “Equity acts in personam.” In England the Chancery Court had and now the Chancery division of the High Court of Justice has jurisdiction to entertain certain suits respecting immovable property, though the property might be situate abroad if the relief sought could be obtained through the personal obedience of the defendant.

The personal obedience of the defendant could be secured only if the defendant resided within the local limits of the jurisdiction of the court or carried on business within those limits.

It’s essential feature was that the land in respect of which the suit was brought was situate abroad, but the person of the defendant or his personal property was within the jurisdiction of the court in which the suit was brought.

The land being situate abroad the decree could not be executed against the land, but the person or personal property of the defendant being within the jurisdiction of the court the decree could be executed in person.

3. A suit to obtain relief relating to immovable property which is situate within the jurisdiction of different courts 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. (S. 17).

4. Where it is uncertain as to within whose jurisdiction of two or more courts the immovable property is situate, any one of those courts may try the suit relating to that property after recording a statement as to uncertainty. (S. 18).

5. A suit for compensation for wrong to the person or to movable property may be Instituted either in the court within whose jurisdiction the defendant resides or carries on business or personally works for gain. (S. 19).

6. Every other suit, save those mentioned above, shall be instituted in court within the local limit of whose jurisdiction—

(a) The defendant, or each of the defendants, where there are more than one, at the commencement of the suit, resides or carries on business or personally works for gain;

Or

(b) Any one of the defendants where there are more than one, at the time of the commencement of the suit, resides, or carries on business, or personally works for gain, provided that in such case either the leave of the court is given or that defendants who do not reside, or carry on business, or personally work for gain, acquiesce in such institution; or

(c) The cause of action, wholly or in part, arises. (S. 20).

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