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Place and Institution of Suits

Place and Institution of Suits

by Asowad Zaman Kaberi -
Number of replies: 0

First of all, there are three kinds of jurisdictions on the basis of which the place of suing may be determined. i.e., 

1. Pecuniary Jurisdiction

2. Territorial Jurisdictions, and

3. Subject Matter Jurisdictions


Moreover, Pecuniary Jurisdiction: Sec-15

Every suit shall be instituted in the Court of the lowest grade competent to try it.

The word competent to try indicate the competency of the court with respect to the pecuniary jurisdiction. It means, the courts of lowest grade who has the jurisdiction with respect to pecuniary value shall try the suit at first.

Further, Territorial Jurisdiction: Sec- 16 To Sec -20

Immovable Property: Sec- 16-18

Sections 16: Suits to be instituted where subject-matter situate Subject to the pecuniary or other limitations prescribed by any law, suits-

(a) for the recovery of immovable property with or without rent or profits,

(b) for the partition of immovable property,

(c) for foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable property,

(d) for the determination of any other right to or interest in immovable property,

(e) for compensation for wrong to immovable property,

(f) for the recovery of movable property actually under distraint or attachment, shall be instituted in the Court within the local limits of whose jurisdiction the property is situate :