What will happen if the immovable property situates within the jurisdiction of more than one court?

 

 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.

·        Provided that the suit is within the pecuniary jurisdiction of such court.

·        So in this way, we have seen that the object of Section 17 is to avoid the multiplicity of suits before the different courts and provides one forum for the entire relief in respect of the property which falls within the jurisdiction of more than one court.

 

Let us take an example:

·        In Kapurthala District, there is a village Dyalpur, some part of which falls within the jurisdiction of Jalandhar District as well.

·        And if any immovable property of this village situate within the jurisdiction of both Kapurthala and Jalandhar District.

·        Then the suit in relation to that property can be instituted either the Civil Court of Kapurthala or Civil Court of Jalandhar.