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Place Of Suing

Today in this article we will discuss about the topic known as place of suing, which in simple terms known as place at which suits for specific types of property can be filed, suits under the CPC can be filed for many types of property which will be responsible for filing of suit in a specific forum.

Sec 15 to 21-A deals with the place of suing in which sec 15 deals with pecuniary jurisdiction Sec 16 to 18 deals with the forum of suing for immovable property sec 19 for movable sec 20 is a residuary section 21 talks about the waiving of defects while 21 -A talks about the bar to challenge the decree passed in former suit.

Pecuiniary Jurisdiction:
Sec 15 deals with the pecuniary jurisdiction of the court which claims that the suit have to be filed within lower competent court, In short that suit didn't have to be filed directly into the higher court if it can be dealt with district or any other small cause courts, Let us take an example to understand it in a proper way if the valuation in the suit by plaintiff is 5000 & it can be dealt by the small cause courts than there is no need to file that case in the higher court as it will delay the proceedings of the suit that may be dealt in place of it, the pecuniary jurisdiction of the court have to be deal on the basis of the valuation by plaintiff not on the basis of ultimate decree, it did not means that court cannot interfere as court have the power to return under & over value plaint.

Territorial Jurisdiction
For territorial jurisdiction suits may be divided into:
  • Immovable (16-18)
  • Movable (19)

Immovable property:
Sec 16 classified certain types of suit for which forum of filing suit is the place where property is situated the classification of them are:
  1. for the recovery of immovable property with or without rent or profits
  2. for the partition of immovable property,
  3. for foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable property,
  4. for the determination of any other right to or interest in immovable property,
  5. for compensation for wrong to immovable property,
  6. for the recovery of movable property actually under distraint or attachment, shall be instituted in the Court within the local limits of whose jurisdiction the property is situate.
    what if the property falls within the local limits of two courts sec 17 deals with the same & makes it easy for plaintiff to file a plaint in any forum where property or part of property is situated, Sec18 talks about the jurisdiction of the court when it is uncertain, in that case it will be filed in any court by satisfying the court about its jurisdiction to deal with the case, if the court satisfied than its decree passed in a suit will take affect as any normal decree passed by the court.
Movable property:
The movable property is based on the principle mobilia sequuntur personam which means that personal property of a person have to be treated in a same way as the person, a suit for the wrong to person movable property have to be instituted at the option of the plaintiff either at the place where wrong is committed or at the place where defendant is residing.

Forum shopping:
Forum shopping is one of the important topic in CPC in which supreme court barred the plaintiff to file a suit in a place or in a forum which have no jurisdiction to deal with the plaint which was filed by the plaintiff in order to manoeuvering the suit, Let us take an example to understand it in a better way if the wrong was done at delhi the suit for the same can��t be filed at any other state or place.

Objection as to proceedings:
Objection as to suit & proceeding was defined under sec 21 of CPC, The objection to the suit may be classified into different types which are as following:
  • Territorial:
    Which means that suit of the CPC have to be filed with in the place at which the wrong was committed not outside the limits of the court.
  • Pecuniary:
    Pecuniary jurisdiction was related to the valuation of the suit every court have the different pecuinary limits it is important to file a case at the place which have the power to deal with the certain limits of suit.
  • Subject matter:
    Subject matter is a sine qua non which means that court have to deal with only things which are falling under the jurisdiction of the law.

The objection as to proceedings have to be filed at the earliest opportunity possible or at the very first instance, It was a well settled law that jurisdiction of the court is a very much important thing in any suit, Decree of a court without a jurisdiction is a null as discussed in the Halsbury's law, no objection as to place of suing can be taken at an appellate or a revisional stage as stated under sec 21 -a.

As we have discussed above place of suing is a very important topic in the CPC, When the person wanted to file a suit for the specific wrong than first he have to examine the various points like territory, pecuinary & many more than after the proper examination he have to find the lowest competent court to deal with his case & then after he is eligible to filed a suit & gets the decree with a proper jurisdiction court.

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