Code of Civil Procedure, 1908
Code of Civil Procedure, 1908 — Section 17: Suits for immoveable property situate within jurisdiction of different Courts
17. Suits for immoveable property situate within jurisdiction of different Courts. Where a suit is to obtain relief respecting, or compensation for wrong to, immoveable property situate with in 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. 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 immoveable 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 subs-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.
This is the text of the provision as enacted. It is legal information, not legal advice, and it cannot account for the facts of your own matter. For advice on your situation, consult a verified advocate.
