Ashishbholalawclasses

  Section 19: Suits for compensation for wrongs to person or movable ·         This Section 19 of CPC clarifies the place of institution of suits in case the wrong is alleged to be done by the defendant to as to person or movable property of the plaintiff and the intends to take compensation for that wrong from the defendant. ·         Section 19 deals with a situation wherein the cause of action arises at one place and the defendant resides or carries on business or personally work for gain at another place. ·         The cause of action arises at the place where the wrong is done . ·         Section 19 provides that in such cases, two courts shall be competent to entertain and try the suit for compensation: a . the court within whose local limits of jurisdiction the wrong is done. b . the court within whose local limits of jurisdiction the defendant resides or carries on business or personally works for gain. ·         This section also grants option to the plaintiff

  Section 18 : Place of institution of suit where local limits of jurisdiction of courts are uncertain ·         Sometimes it becomes very difficult to say with certainty while instituting a civil suit in relation to any immovable property, that immovable property situates within the jurisdiction of which court? ·         The immovable property may be situate within the territorial limits of two or more courts but it is not sure which of the several courts has jurisdiction over such immovable property. ·         Such cases are dealt with by Section 18 of CPC.   According to sub-section (1) of Section 18 of CPC :   ·         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, ·         Then any of those courts may, ·         If satisfied that there is ground for alleged uncertainty , ·         Record a statement to that effect and thereupon proceed to entertain and dispose o

    Section 17 of CPC 1908 ·         Under Section 16 of CPC we had seen that the civil suit in relation to immovable property or   in relation to movable property which is actually under distraint or attached must be instituted before the court within the territorial limits of which the property is situate. ·         But now the question arises what will happen if the immovable property situates within the jurisdiction of more than one court? ·         Section 17 provides the answer to this question? According to Section 17 of the code : ·         Where a suit relates to ·         Obtaining relief respecting immovable property OR compensation for wrong to immovable property; ·         And if that immovable property situate within the jurisdiction of different courts; ·         Then the civil suit may be instituted ·         In any of the courts ·         Within the local limits of whose jurisdiction ·         Any portion of the property is situates. ·        

  Section 16 . Suits to be instituted where the subject-matter situate :    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) For the determination of any 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 the 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