Section 18 : Place of institution of suit where local limits of jurisdiction of courts are uncertain

 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 of any suit relating to that property;

·        And its decree in the suit shall have the same effect as if the property were situating within the local limits of its jurisdiction.

·        However, the court in which the said suit be instituted must enjoy the pecuniary as well as the subject-matter jurisdiction of the suit.

·        This provision intends to avid difficulties regarding jurisdiction that may arise where boundaries of the estate are either destroyed or altered due to certain actions.

·        The absence of a notification as to the boundaries of a district was held to create a reasonable uncertainty.

 

According to Sub-Section 2 of Section 18:

·        Where a statement as to uncertainty of jurisdiction is not recorded and a decree is passed and thereafter if such decree is challenged on the ground that it was passed without jurisdiction, then the Appellate or Revisional Court shall not allow the objection.

·        However, where the Appellate or Revisional Court is satisfied that no reasonable ground as to uncertain jurisdiction of the court existed and there is failure of justice, then it may allow the objection as to jurisdiction.

 

Objection as to jurisdiction must be taken in the court of first instance

 

·        Where the plaintiff comes up with a plea of uncertain jurisdiction before the court, then the defendant must raise his objection, if any, before the court of first instance at the first available opportunity.

·        But if the defendant fails to do so and subsequently takes such objection at the stage of appeal or revision, then the appellate or revisional court shall not allow the objection unless in its opinion there had been a failure of justice.