Section 18 of The Code of Civil Procedure, 1908
Place of institution of suit where local limits of jurisdiction of Courts are uncertain.
- (1)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, any one of those Courts may, if satisfied that there is ground for the 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 situate within the local limits of its jurisdiction: Provided that the suit is one with respect to which the Court is competent as regards the nature and value of the suit to exercise jurisdiction.
- (2)Where a statement has not been recorded under sub-section (1), and an objection is taken before an Appellate or Revisional Court that a decree or order in a suit relating to such property was made by a Court not having jurisdiction where the property is situate, the Appellate or Revisional Court shall not allow the objection unless in its opinion there was, at the time of the institution of the suit, no reasonable ground for uncertainty as to the court having jurisdiction with respect thereto and there has been a consequent failure of justice.
Summary
- This section provides a solution when it is unclear which court has authority over a specific piece of property.
- Any court that might have jurisdiction can hear the case if it is satisfied that there is real uncertainty.
- The court must record a formal statement stating it is satisfied that the local limits are uncertain before proceeding.
- Once the statement is recorded, the court's decision in the case has the same legal force as if the property were definitely in its district.
- A higher court will not overturn a decision made under this rule unless there was no reasonable ground for uncertainty and a failure of justice occurred.
Practical examples
FAQ
1. What happens if I file a land case in a court but the boundaries are unclear under The Code of Civil Procedure, 1908?
Under Section 18 of the Civil Procedure Code, if the court is satisfied that the boundary is truly uncertain, it can record a statement to that effect and proceed with your case as if the land were in its district.
2. Can a decree be challenged later because the court's boundaries were uncertain in the Code of Civil Procedure?
Section 18 of the Code of Civil Procedure, 1908, states that if a court records the uncertainty and tries the case, the decree has full effect and cannot be easily challenged on those grounds.
3. What must a judge do before hearing a case involving property in an uncertain district under the Civil Procedure Code?
According to Section 18 of the Code of Civil Procedure, 1908, the judge must record a statement that there are grounds for the alleged uncertainty before entertaining the suit.
Test yourself
1.Under Section 18 of The Code of Civil Procedure, 1908, what is required before a court can hear a suit where jurisdiction is uncertain?
2.What is the legal effect of a decree passed under Section 18 of The Code of Civil Procedure, 1908?
3.Under Section 18 of The Code of Civil Procedure, 1908, if no statement of uncertainty was recorded, when can an appellate court allow an objection to the jurisdiction?
4.Section 18 of The Code of Civil Procedure, 1908, is designed to prevent which of the following?