Section 17 of The Code of Civil Procedure, 1908
Suits for immovable property situate within jurisdiction of different Courts.
Where a suit is to obtain relief respecting, or compensation for wrong to, immovable property situate within 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.
Summary
- This provision allows a person to file a single lawsuit for property that is located within the districts of different courts.
- A plaintiff can choose to file the suit in any court whose district contains any portion of the property in question.
- The entire value of the property and the claim must be within the money limit, also known as pecuniary jurisdiction, of the court where the suit is filed.
- This rule simplifies legal proceedings by preventing multiple lawsuits for the same piece of land or connected properties across borders.
Practical examples
FAQ
1. Where should I file a case for land located in two different districts under The Code of Civil Procedure, 1908?
According to Section 17 of the Civil Procedure Code, you can file the case in any court that has jurisdiction over any portion of the property, as long as the court can handle the total value of the claim.
2. Does the value of the property matter when choosing a court under Section 17 of the Civil Procedure Code?
Yes, under Section 17 of the Code of Civil Procedure, 1908, the court you choose must have the authority to hear a case involving the total value of the entire claim.
3. Can I file separate suits for property in different districts under the Code of Civil Procedure?
While Section 17 of the Code of Civil Procedure, 1908, provides the option to combine them into one suit in any involved court, its purpose is to allow for a single consolidated legal action.
Test yourself
1.Under Section 17 of The Code of Civil Procedure, 1908, if a suit involves immovable property situated in the jurisdiction of two different courts, where can the suit be filed?
2.What is the primary limitation regarding the court's authority under Section 17 of The Code of Civil Procedure, 1908?
3.Under Section 17 of The Code of Civil Procedure, 1908, "pecuniary jurisdiction" refers to what?
4.If a plaintiff uses Section 17 of The Code of Civil Procedure, 1908, to sue for property in District A and District B by filing in District A, what happens to the portion in District B?