Place of Suing in CPC
Place of Suing under the Civil Procedure Code (CPC), 1908
The "Place of Suing" refers to the appropriate court or location where a civil suit should be instituted. This is governed primarily by Sections 15 to 20 of the Civil Procedure Code, 1908 (CPC), which lay down rules to determine territorial, pecuniary, and subject-matter jurisdiction.
π· 1. Section 15 β Court of Lowest Grade
This section provides a general principle:
βEvery suit shall be instituted in the Court of the lowest grade competent to try it.β
β Purpose:
Avoid burdening higher courts.
Ensure efficient distribution of cases.
βοΈ Case Law:
Kiran Singh v. Chaman Paswan (AIR 1954 SC 340)
Held that a decree passed by a court lacking jurisdiction is a nullity and can be challenged even in execution proceedings.
π· 2. Section 16 β Suits Related to Immovable Property
Suits related to immovable property must be filed where the property is situated.
Types of suits under this section:
Recovery of immovable property
Partition of immovable property
Foreclosure, sale or redemption in case of a mortgage
Determination of any other rights in or over immovable property
βοΈ Case Law:
Harshad Chiman Lal Modi v. DLF Universal Ltd. (2005) 7 SCC 791
The Supreme Court held that suits concerning immovable property must be filed in the court within whose jurisdiction the property is situated, and this is a matter of territorial jurisdiction, not just convenience.
π· 3. Section 17 β Immovable Property in Different Jurisdictions
If the property is situated in more than one jurisdiction, the suit can be filed in any one of the jurisdictions where a portion of the property lies, provided the entire claim is made in one suit.
βοΈ Case Law:
Ramdutt Ramkissen Dass v. E.D. Sassoon & Co. Ltd. (AIR 1929 PC 103)
This case clarified that where properties lie in different jurisdictions, the plaintiff can sue in one court if part of the property lies there.
π· 4. Section 18 β Jurisdiction when Local Limits are Uncertain
When it is uncertain which court has jurisdiction due to ambiguity in territorial limits, the High Court may direct which court shall try the suit.
βοΈ Use:
This section is rarely used and applies mostly to disputes involving administrative boundary ambiguities.
π· 5. Section 19 β Suits for Compensation for Wrong to Person or Movable Property
Suits for compensation (like torts) may be instituted:
Where the wrong was committed, or
Where the defendant resides or carries on business.
βοΈ Case Law:
Nawal Kishore Seth v. Rameshwar Dayal (AIR 1955 All 594)
The Allahabad High Court held that in a suit for compensation for wrong to person or movable property, the plaintiff has the option to file in either place.
π· 6. Section 20 β Other Suits to be Instituted Where Defendants Reside or Cause of Action Arises
Where no specific provision applies (i.e., not related to immovable property), a suit can be filed:
Where the defendant resides, or
Where the defendant carries on business, or
Where the cause of action arises (wholly or in part).
This is the most commonly used provision for general civil suits.
βοΈ Case Law:
A.B.C. Laminart Pvt. Ltd. v. A.P. Agencies (AIR 1989 SC 1239)
The Supreme Court ruled that if part of the cause of action arises in one jurisdiction, and another part in another jurisdiction, the plaintiff may choose either.
π· Important Doctrines:
βοΈ Cause of Action:
Refers to all the facts necessary for the plaintiff to prove to get relief.
βοΈ Jurisdiction:
Territorial: Where the court is located (geographical).
Pecuniary: Based on monetary value of the claim.
Subject-matter: Based on type of case (civil, criminal, etc.).
π· Summary Table:
| Section | Subject Matter | Place of Suing |
|---|---|---|
| 15 | General rule | Court of lowest grade competent to try |
| 16 | Suits relating to immovable property | Where property is situated |
| 17 | Property in multiple jurisdictions | Any court where part of property is located |
| 18 | Uncertain jurisdiction | Court directed by High Court |
| 19 | Compensation for wrongs (torts) | Where wrong occurred or defendant resides |
| 20 | Other suits (contracts, general claims) | Where defendant resides or cause of action arises |
π§ Practical Application:
Choosing the wrong place to sue can result in dismissal or transfer of the suit. It's crucial to determine the correct court in terms of:
Location
Monetary value
Type of relief sought
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