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ronak (mr)     20 January 2011

CPC regarding jurisdiction

In this case supoose A and B  entered into an oral contract for an immovable property.

A has the aforesaid property X which is at place Y city

A lives in Z city

and B lives in Y city

B comes to Z city to meet A and make the oral contract to buy X property and also paid a token money which is accepted by A

But after some time A returned the money by cheque but when B encash the cheque in bank in city Y it is returned by saying insufficient amount.

B seeks in court in city Y  where he lives and also where the property X  i.e. City Y

Question comes to court regarding jurisdiction.

B (plaintiff)appeal in court(in city Y) for specific performance of immovable property and also because he live in city Y and also property is held in city Y

A(defendant) said in his appeal that court has no jurisdiction as the contract took place in city Z  where B came to A for the said contract and also the contract is terminated by A in city Z

Know the question comes to court where the jurisdiction lies and why?

Reply as soon as possible

thanks



Learning

 2 Replies

Amit Gupta (Advocate)     20 January 2011

jurisdiction depends on the nature of relief claimed in plaint....

in present case suit for specific performance will be filed in city Y...because the property situates there...

kindly read section   16 of CPC 

1 Like

Y V Vishweshwar Rao (Advocate )     20 January 2011

I agree with Amit Guptha !

The suit is in respect of immovable property for specific performance  of the Sale agreement / oral / or/  written ---- to be field in the Court where the immovable  property  is situated !


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