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sabale yogesh (B.sc.,LL.B)     09 December 2015

Jurisdiction

Whether c.j.j.d has jurisdiction to try suit for declaration of civil death or c.j S.d.? As it is a judgment in rem I think it is c J.s.d. But there is no any written provision I have found. Please let me know about it or any citation.


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 2 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     09 December 2015

Can I have a detailed version of the query please?

sabale yogesh (B.sc.,LL.B)     17 December 2015

A suit has been filled against my friend for declaration of civil death of his one relative.but the suit has filed in court of junior division without making party to state. According to me a suit for declaration of civil death is a judgment in rem. And junior division has no jurisdiction to to declare judgment in rem. Instead junior division has jurisdiction only on the basis of pecuniary value.the natur of suit belongs to a separate category. Also no one can seek partition of property of allegedly deceased unless they are declared as true legal heirs of said deseaed.in such circumstances Junior division can't make judgment in such suit because the decree will be irrelevant u/s 43 of evidence act.also it is a settled law that junior division has no jurisdiction to try suit of matrimonial,succession etc. But I have not found the provision of same

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