Transfer of original suit from one jurisdiction to another


Hi Sir,

I lend money to a person by mortgage his property(house) in register office.when the mentioned deadline in the register document is over,the person turned against me and saying he will give lesser money than what i lend to him.Then, i filed a mortgage suit(Original Suit) in the court which falls in the jurisdiction of the property.But,for my employment purpose i stay in another state.

So, my query is, can i trasfer my case(Plaintiff) from current court to the court in my residing city?

Thank You,

 
Reply   
 

No, case can be filled only in that court in whose territorial jurisdiction property is situated.

 
Reply   
 



Hi Deepak,

Thanks for your reply,but in one of the forums,i read that , plaintiff can request for transfer of case in case he/she can not travel to corresponding court on medical grouds. then if he/she can submit valid medical certificates,there may be a chance of transferring the case,is this true?

Thanks,

Ravi

 
Reply   
 

Please forward me details of forum and case at Djaa.legal@gmail.com 

As per my understanding 

Section 16 Civil Procedure code is as follow.

16. Suits to be instituted where subject-matter situate— 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) for 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 resider, or carries on business, or personally works for gain. Explanation.— In this section "property" means property situate in India. 

 

 
Reply   
 

Hi Deepak,

sorry for my late reply as i was struck with family problems not able to concentrate on this and also i haven't got any notification about your reply to my personal mail id.So, i didnt check inbox in this forum.

Thank you for your reply,i want to talk to you in this regard over mobile to clearly explain about my current situation about the case proceedings ,so can you provide me your contact number? and also if possible i need your expert advise to proceed further,i am ok if you charge any fee for this consulting.i can send my case documents as soon as we talk about my case.

Thank You,

RaviTeja.G

 
Reply   
 

+919456777600
 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu