Saturday, January 3, 2026

Which Court Can entertain Suits for Property ? Supreme Court Clarifies the Maze of Law

Which Court Can entertain Suits for Property ? Supreme Court Clarifies the Maze of Law

It has been held that S. 16 of Code of Civil Procedure, 1908 recognizes a well established principle that actions against res or property should be brought in the forum where such res is situate. A court within whose territorial jurisdiction the property is not situate has no power to deal with and decide the rights or interests in such property. In other words, a court has no jurisdiction over a dispute in which it cannot give an effective judgment.

Harshad Chiman Lal Modi v. DLF Universal [2005] GCtR 6551 (SC)

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