Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Order II rr. 2 and 3 ss. 16 territorial jurisdiction 17 and 39(1)(c) CPC |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | General Clauses Act, 1897 (10 of 1897) Code of Civil Procedure, 1908 (5 of 1908) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Civil Procedure, 1908: ss. 16, 17 and 39(1)(c); Order II rr. 2 and 3 – Suit before the Court in Indore – In respect of two properties (One at Indore and another at Mumbai) – Seeking declaration of Will in favour of defendant Nos. 4 to 6 as null and void; seeking declaration of sale deed, in respect of Mumbai property, in favour of defendant Nos. 7 and 8 as null and void; and seeking declaration of transfer documents in respect of Indore property in favour of defendant Nos. 9 and 10 as null and void – Application filed by defendant Nos. 7 and 8 seeking dismissal of suit against them for want of territorial jurisdiction and for mis joinder of parties and cause of action – Trial court struck out the pleadings in respect of the property in Mumbai and relief related thereto, holding that separate cause of actions cannot be combined in a single suit – High Court upheld the order of trial court – On appeal, held: Section 16 lays down general principle that suits are to be instituted where subject-matters situated – Section 17 engrafts exception to the general rule that suit may be instituted in any court within local limits of whose jurisdiction any portion of the property is situated – The word‘property’ has to be used as plural i.e. ‘properties’ by virtue of s. 13 of General Clauses Act – The expression ‘only portion of the property’ can be read as portion of one or more properties situated in jurisdiction of different courts and can also be read as portion of several properties situated in jurisdiction of different courts –However, there is one rider that suit should be based on same cause of action with respect to the properties situated in jurisdiction of different courts – In the present case the suit contained three set of defendants with different cause of action for each set of defendants for two properties situated in two jurisdictions – Different cause o faction could not have been clubbed together – The suit with regard to the Mumbai property was not maintainable – Order II, r. 2 cannot be read in a manner as to permit clubbing of different cause of action in a suit – Rule 3 of Order II permits clubbing different causes of action against the same defendant or defendants jointly while in the present case suit is against different set of defendants –Therefore, the application filed by defendant Nos. 7 and 8 was rightly allowed – General Clauses Act, – s. 13. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2019 INSC 152 |
Petitioner | Shivnarayan (d) By Lrs. |
Respondent | Maniklal (d) Thr. Lrs. & Ors. |
SCR | [2019] 2 S.C.R. 1 |
Judgement Date | 2019-02-06 |
Case Number | 1052 |
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