Section 16 of The Code of Civil Procedure, 1908
Suits to be instituted where 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)or the determination of any other 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 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 the Court within the local limits of whose jurisdiction the property is situate, or in the Court within the local limits of whose jurisdiction the defendant actually and voluntarily resides, or carries on business, or personally works for gain. Explanation.-- In this section "property" means property situate in 1[India].
Summary
- Most lawsuits involving property must be filed in the court where that specific property is located.
- This includes cases to get property back, to divide property (partition), or to handle mortgage issues like foreclosure and sale.
- It also covers suits for money compensation if property was damaged or if someone is trying to recover movable property that was seized.
- There is an exception: if the relief can be fully achieved just by having the defendant obey an order, you can also sue where the defendant lives or works.
- All these rules are still subject to limits on how much money the court is allowed to handle, known as pecuniary limits.
- Additionally, every case must be started in the court of the lowest possible grade that is authorized to hear it.
Practical examples
FAQ
1. Where should I file a suit for the partition of a house under Section 16 of The Code of Civil Procedure, 1908?
Under Section 16 of The Code of Civil Procedure, 1908, a suit for the partition of immovable property must be filed in the court within whose local limits the property is situated.
2. Does Section 16 of the 1908 Code apply to movable property?
Yes, Section 16 of the 1908 Code applies to movable property that is actually under "distraint or attachment," which means it has been legally seized.
3. Can I sue for property damage where the defendant lives instead of where the property is under Section 16 of the Act?
Yes, the proviso in Section 16 of the Act allows this if the relief sought can be entirely obtained through the defendant's "personal obedience."
Test yourself
1.Under Section 16 of The Code of Civil Procedure, 1908, a suit for the "recovery of immovable property with or without rent" must generally be filed where?
2.According to Section 16 of The Code of Civil Procedure, 1908, what is required for a plaintiff to sue for land in a court where the defendant lives rather than where the land is?
3.Section 15 of The Code of Civil Procedure, 1908, mandates that suits be filed in which grade of court?
4.Under Section 16 of The Code of Civil Procedure, 1908, the rules for where to sue are always "subject to" what other restriction?