Multiple choice

Which of the following statements is true?

  1. A suit for recovery of immovable property shall be instituted in the court in whose jurisdiction the property is situated.

  2. A suit for partition of immoveable property shall be instituted in the court in whose jurisdiction the defendant resides or works for gain.

  3. Both (1) and (2)

  4. Neither (1) nor (2)
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

Under Section 16 CPC, suits for recovery of immovable property must be instituted where the property is situated (territorial jurisdiction). However, suits for partition of immovable property may be filed where either the property is situated OR the defendant resides (Section 17 provides an exception for partition suits). Therefore, statement A is correct while B is incorrect.

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