(Querist) 26 August 2010
This query is : Resolved
Does a civil court have jurisdiction to try a matter related to leakage from a flat owner of co-operative housing society under the law of torts for private civil wrong & injury ?
I have asked this query once again because the Defendants lawyer has contended that the civil court does not have jurisdiction to deal with leakages of water from one flat into another flat, he states that this matter has to be dealt by co-operative societies court. I have contended that the leakage is due to the wilful negligence of the plaintiff, therefore under law of torts the civil court has jurisdiction to deal with sucj matters.
Please guide if I can assert civil courts jurisdiction under section 9 and section 19 of the CPC 1908.
Satyendra Kumar Pandey
(Expert) 27 August 2010
Whether the building is govern by society Act? clarify it. Also clarify your status in that building.
If it is not govern by aforesaid act then CPC is applicable on it.