Civil Procedure Code Jurisdiction
How Is Territory Decided?
Territory of a court is decided after taking into account several factors. They are:
- In Case of Immovable Property: If the suit is with regard to recovery, rent, partition, sale, redemption, determination of right of immovable property, it shall be instituted in the court within the local limits of whose jurisdiction the property is situated.
- Immovable Property Situated Within The Jurisdiction of Different Courts: In such a case the suit may be instituted in any court within the local limits of whose jurisdiction any portion of the property is situated.
- In Case of Dispute Between Two or More Persons With Respect To Movable Property, Business or Any Other Wrong Done: Where a wrong has been caused to a person, or any damage has been caused to a movable property, then the suit may be instituted either,
-In the place, where wrong or damage has been caused, or
- In the place, where defendant (the person who caused the loss) resides.
Where there is a dispute in business, agreement or any other kind of civil dispute, except matrimonial matter, then the suit may be instituted either,
-In a place, where the defendant resides, or carries on business, or
- In a place, where the cause of action has arisen, i.e. where the dispute or wrong took place
In Case of Matrimonial Dispute: Where a dispute arises between Husband and wife in regard to their marital life then the case may be filed either:
-In the place where marriage was solemnized , or;
- In the place, where opposite party is residing, or;
- In the place, where Husband and Wife lost resided together, or;
- In the place, where person filing the case is residing, provided that.
Opposite party has not been heard of as alive for the last Seven years, or
Opposite party resides outside the jurisdiction of Hindu Marriage Act 1955.