Place of Institution of suit where local limits of jurisdiction of Courts are uncertain
Part I: Suits in general
(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 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 effect as if the property were situate within the local limits of its jurisdiction:
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.
The Code of Civil Procedure, 1908 (Act No. 5 of 1908). From the updated text on India Code, with later amendments. Being checked against the official copy; amendment notes are not shown yet.
Related sections
- 15Court in which suits to be instituted
- 16Suits to be instituted where subject-matter situate
- 17Suits for immovable property situate within jurisdiction of different Courts
- 19Suits for compensation for wrongs to person or movables
- 20Other suits to be instituted where defendants reside or cause of action arises
- 21Objections to jurisdiction