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)

No comments:

Post a Comment

False Documents, Evidence and Their Production in Court : Supreme Court Explains the Legal Impact

False Documents, Evidence and Their Production in Court : Supreme Court Explains the Legal Impact  In an important judgment it is held that ...