CPC Section 16 — Suits to be instituted where subject-matter situate
Civil
Summary
A lawsuit about immovable property—such as one to recover it, divide it, enforce a mortgage, decide ownership, or claim compensation for damage—must be filed in the court that has authority over the area where the property is located. This rule also applies to lawsuits for movable property that has been seized or attached. However, if the lawsuit is about property held by the defendant and the relief sought can be achieved by the defendant’s personal action, the case may also be filed in the court where the defendant lives, works, or runs a business. For this section, "property" means property located in India.
Official Text
Subject to the pecuniary or other limitations prescribed by any law, suits
(a) for the recovery of immovable property with or without rent or profits,
(b) for the partition of immovable property,
(c) for foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable property,
(d) or the determination of any other right to or interest in immovable property,
(e) for compensation for wrong to immovable property,
(f) 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:
Provided that a suit to obtain relief respecting, or compensation for wrong to, immovable property held by or on behalf of the defendant may, where the relief sought can be entirely obtained through his personal obedience, be instituted either in the Court within the local limits of whose jurisdiction the property is situate, or in the Court within the local limits of whose jurisdiction the defendant actually and voluntarily resides, or carries on business, or personally works for gain.
Explanation.-- In this section "property" means property situate in India.