Property and Litigations : Supreme Court Explains the Law on Place of Filing Cases
Part 1 of Code of Civil Procedure, 1908 deals with “Suits in General” by which it is clear that a suit in which right to property is involved is a suit of civil nature and the Civil Court shall have the jurisdiction to take cognizance of it until barred expressly or impliedly. S. 15 onwards indicates the place to sue. On perusal, it is clear that such suit ought to be filed in the Court of lowest grade, competent to try it and as per S.16, the suit be instituted at a place where the subject matter is situate.
Alpha Residents Welfare Association v. Alpha Corp. Development Pvt Ltd [2024] GCtR 3471 (SC)