Home › CS Executive › jurisprudence › Civil Procedure Code 1908 › Section 15 of the Civil Procedure Code, 1908 lay…
Section 15 of the Civil Procedure Code, 1908 lays down a fundamental rule for the place of suing. What is that rule?
Answer & Solution
Correct answer: D.
1. **Section 15 of the CPC**: 'every suit shall be instituted in the **Court of the LOWEST GRADE COMPETENT TO TRY it**.'
2. This is a rule of judicial economy: cases that can be tried by a Munsiff's Court should not be filed in the District Court.
3. Section 16 then governs property-related suits: foreclosure, sale, redemption of mortgage; partition; determination of any right or interest in immovable property; compensation for wrong to immovable property; recovery of movable property under attachment.
4. Section 17 (property situated within different jurisdictions); Section 18 (uncertain jurisdiction); Section 19 (wrong to person or movable property); Section 20 (other suits — defendant's residence or place of business, or where cause of action arose).
_Source: ICSI CS Executive — Lesson 8, 'Place of Suing (Territorial) — Section 15', p. 179._
Related questions
The Civil Procedure Code, 1908 has been recently amended in its application to commercial Section 144 of the CPC ('Application for restitution') is referenced in the definition of *Angile Insulations v. Davy Ashmore India Ltd., (1995) 3 SCALE 203* is a leading case on cUnder Section 16 of the CPC, suits relating to immovable property shall be instituted in tSection 12 of the CPC ('Bar to further suit') provides:Which of the following correctly states the limitation period under the Schedule for varioUnder the Limitation Act, 1963 Schedule, what is the maximum period of limitation prescribWhen may a suit be expressly or impliedly barred from civil court jurisdiction under Secti