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Sec 17 of code of civil procedure

Querist : Anonymous (Querist) 04 December 2023 This query is : Resolved 
By virtue of Sec 17 of CPC, a suit for partition can be filed in any District Court where a portion of the claim property is situated. Whether the same is applicable if the properties are situated in two different States or more than two different states.
T. Kalaiselvan, Advocate (Expert) 05 December 2023
You have to file one comprehensive suit for partition comprising all the properties in different states in one civil court having territorial jurisdiction over a part of the properties. This is laid down by Sec. 17 of CPC.
P. Venu (Expert) 07 December 2023
The Supreme Court has held in the case of Shivnarayan (D) by LRs vs Maniklal(D) by LRs that Suit In respect of different properties can be filed in any of the courts having jurisdiction if Cause of action is the same -

(i) The word 'property' occurring in Section 17 although has been used in 'singular' but by virtue of Section 13 of the General Clauses Act it may also be read as 'plural', i.e., "properties".

(ii) The expression any portion of the property can be read as portion of one or more properties situated in jurisdiction of different courts and can be also read as portion of several properties situated in jurisdiction of different courts.

(iii) A suit in respect to immovable property or properties situate in jurisdiction of different courts may be instituted in any court within whose local limits of jurisdiction, any portion of the property or one or more properties may be situated.

(iv) A suit in respect to more than one property situated in jurisdiction of different courts can be instituted in a court within local limits of jurisdiction where one or more properties are situated provided suit is based on same cause of action with respect to the properties situated in jurisdiction of different courts.


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