CPC Section 18 — Place of institution of suit where local limits of jurisdiction of Courts are uncertain

Civil

Summary

If it is unclear which of two or more courts has authority over a piece of land, any of those courts may, if it believes the uncertainty is genuine, record that fact in writing. Once that record is made, that court can hear and decide any lawsuit related to that land, and its decision will be as valid as if the land were clearly within its area. However, the court must still be the right type and level to handle the kind of lawsuit involved. If the court did not record such a statement, and a higher court later hears an objection that the lower court lacked authority, the higher court will reject that objection unless it finds that there was no reasonable basis for uncertainty at the time the lawsuit was filed and that the lack of authority actually caused an unfair outcome.

Official Text

(1) Where it is alleged to be uncertain within the local limits of the jurisdiction of which of two or more Courts any immovable property is situate, any one of those Courts may, if satisfied that there is ground for the alleged uncertainty, record a statement to that effect and thereupon proceed to entertain and dispose of any suit relating to that property, and its decree in the suit shall have the same effect as if the property were situate within the local limits of its jurisdiction:

Provided that the suit is one with respect to which the Court is competent as regards the nature and value of the suit to exercise jurisdiction.

(2) Where a statement has not been recorded under sub-section (1), and an objection is taken before an Appellate or Revisional Court that a decree or order in a suit relating to such property was made by a Court not having jurisdiction where the property is situate, the Appellate or Revisional Court shall not allow the objection unless in its opinion there was, at the time of the institution of the suit, no reasonable ground for uncertainty as to the court having jurisdiction with respect thereto and there has been a consequent failure of justice.