Suits in General Place of Suing MCQ Quiz - Objective Question with Answer for Suits in General Place of Suing - Download Free PDF

The correct answer is Section 21

Key Points

• Section 21 of the Code of Civil Procedure, 1908 deals with objections to jurisdiction — both local and pecuniary.
• It specifically provides that:
  • No objection as to the place of suing (i.e., local jurisdiction) or pecuniary limits of jurisdiction shall be allowed by any appellate or revisional court unless:
    • Such objection was taken in the court of first instance at the earliest possible opportunity, and
    • There has been a consequent failure of justice.
• Thus, objections to local or pecuniary jurisdiction must be raised at the first available opportunity, preferably in the written statement. Otherwise, the party is deemed to have waived the objection.

Additional Information

• Section 20 – Deals with place of suing, not objections to jurisdiction.
• Section 22 – Pertains to transfer of suits on application of defendant for convenience, not objections to jurisdiction.
• Section 24 – Relates to general powers of transfer and withdrawal of cases by High Courts or District Courts.

The correct answer is property is situated

Key Points

• Under Section 16 of the Code of Civil Procedure, 1908, suits relating to immovable property — such as disputes regarding ownership, possession, title, or partition — must be instituted in the court within whose jurisdiction the property is situated.
• Section 16 CPC: "All suits related to immovable property shall be instituted in the Court within the local limits of whose jurisdiction the property is situated."
• This is a mandatory provision for suits concerning:
  • Recovery of immovable property
  • Partition
  • Foreclosure
  • Sale or redemption in case of mortgage
  • Determination of any right or interest in immovable property

Additional Information

• Defendant carries on business – Not applicable to suits involving immovable property; relevant for personal suits under Section 20 CPC.
• Defendant resides – Only applies to other types of suits (e.g., contract or tort); not for immovable property cases.
• None of the above – Incorrect because “property is situated” is the correct and specific answer under Section 16 CPC.

The correct answer is Section 18 of the code of civil procedure 

Key Points

• Section 18 of the CPC deals specifically with cases where the local limits of jurisdiction of courts are uncertain.
• It applies when:
  • It is not clear in which of two or more courts a property is situated, or
  • When jurisdictional boundaries overlap or are disputed.
• In such cases, the court in which the suit is first filed and which records a finding of jurisdiction shall proceed with the suit.
• This avoids confusion and conflicting decisions between courts.

Additional Information

• Section 16: Relates to suits concerning immovable property, not uncertain jurisdiction.
• Section 17: Covers suits when immovable property is located in jurisdiction of multiple courts, not when limits are uncertain.
• Section 19: Deals with suits for compensation for wrongs to person or movables, not jurisdictional uncertainty.

The correct answer is Power of Supreme Court to transfer suits. 

Key Points

• Section 25 of the Code of Civil Procedure, 1908:
  • Empowers the Supreme Court to transfer any suit, appeal, or other proceeding:
    • From one High Court to another, or
    • From a civil court in one State to a civil court in another State.
• Purpose:
  • To ensure justice and convenience of the parties.
  • Used in cases of apprehension of bias, balance of convenience, or public interest.
• Who Can Apply: Any party to a case can apply by petition to the Supreme Court.
• Nature of Power: The power is extraordinary and discretionary.

Additional Information

• Power of High Courts to transfer suits: Incorrect — this is covered under Section 24, not Section 25.
• Power of District Courts to transfer suits: Incorrect — District Courts do not have transfer power under Section 25.
• Power of Commissioner to transfer suits: Incorrect — Commissioners have no such authority under CPC.

The correct answer is The Court of lowest grade 

Key Points

• Section 15 of the Code of Civil Procedure, 1908 lays down the rule of forum convenience, which states:
• "Every suit shall be instituted in the Court of the lowest grade competent to try it."
• This means:
• A plaintiff must file the suit in the lowest competent court that has jurisdiction over the subject matter.
• This is intended to avoid overburdening higher courts with cases that can be decided by lower courts

Additional Information

• District Court: Not always the lowest court; Munsif or Civil Judge (Junior Division) may be lower depending on pecuniary limits.
• The Court of highest grade: Incorrect, as the Code directs suit to start from the lowest competent court.
• All of these: Incorrect, as only one — court of lowest grade — is mandated under Section 15.

The correct answer is option 4.Key Points

• Section 15 of C.P.C. 1908 deals with the general principle that every suit shall be instituted in the Court of the lowest grade competent to try it.
• Section 16 deals with suits to be instituted where subject-matter situate.
• Subject to the pecuniary or other limitations prescribed by any law, suits for:
  • The recovery of immovable property with or without rent or profits,
  • The partition of immovable property,
  • Foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable property,
  • Determination of any other right to or interest in immovable property,
  • Compensation for wrong to immovable property,
  • 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.
• Provided that a suit to obtain relief respecting, or compensation for wrong to, immovable property held by or on behalf of the defendant may, where the relief sought can be entirely obtained through his personal obedience, be instituted either in the Court within the local limits of whose jurisdiction the property is situate, or in the Court within the local limits of whose jurisdiction the defendant actually and voluntarily resides, or carries on business, or personally works for gain.

The correct answer is option 1.Key Points

• Section 13 of C.P.C.1908 deals with when foreign judgment not conclusive.
• A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except:
  • Where it has not been pronounced by a Court of competent jurisdiction,
  • Where it has not been given on the merits of the case,
  • Where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognise the law of India in cases in which such law is applicable,
  • Where the proceedings in which the judgment was obtained are opposed to natural justice,
  • Where it has been obtained by fraud,
  • Where it sustains a claim founded on a breach of any law in force in India.
• Section 14 of C.P.C.1908 says the Court shall presume upon the production of any document purporting to be a certified copy of a foreign judgment, that such judgment was pronounced by a Court of competent jurisdiction, unless the contrary appears on the record; but such presumption may be displaced by proving want of jurisdiction.

The correct answer is option 4.

Key Points

•  CPC Section 20 says Other suits to be instituted where defendants reside or cause of action arises.
• Subject to the limitations aforesaid, every suit shall be instituted in Court within the local limits of whose jurisdiction-
• (a) the defendant, or each of the defendants where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain; or
• (b) any of the defendants, where there are more than one, at the time of the commencement of the suit actually and voluntarily resides, or carries on business, or personally works for gain, provided that in such case either the leave of the Court is given, or the defendants who do not reside, or carry on business, or personally work for gain, as aforesaid, acquiesce in such institution; or
• (c) the cause of action, wholly or in part, arises.
• [Explanation].-A corporation shall be deemed to carry on business at its sole or principal office in 3[India] or, in respect of any cause of action arising at any place where it has also a subordinate office, at such place.

The correct answer is option 3.Key Points

• Sectiion 24 of Civil Procedure Code 1908 deals with general power of transfer and withdrawal.
• It says on the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion without such notice, the High Court or the District Court may at any stage:
  • Transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same, or
  • Withdraw any suit, appeal or other proceeding pending in any Court subordinate to it, and
    • Try or dispose of the same; or
    • Transfer the same for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or
    • Retransfer the same for trial or disposal to the Court from which it was withdrawn.
• Where any suit or proceeding has been transferred or withdrawn, the Court which is thereafter to try or dispose of such suit or proceeding may, subject to any special directions in the case of an order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn.
• The Court trying any suit transferred or withdrawn under this section from a Court of Small Causes shall, for the purposes of such suit, be deemed to be a Court of Small Causes.
• A suit or proceeding may be transferred under this section from a Court which has no jurisdiction to try it.

The correct answer is Option 4

Key Points

•  According to Section 19 of the Code of Civil Procedure, a suit for compensation for defamation can be filed in the court within the local limits of whose jurisdiction the defendant resides or carries on business or personally works for gain, or where the cause of action wholly or in part arises.
• In this case, X resides in Chandigarh and publishes statements defamatory to Y in Ludhiana.
• Therefore, the cause of action partly arises in Chandigarh, where the statements were published, and partly in Ludhiana, where the statements were circulated and caused damage to Y's reputation. Hence, Y can sue X at either Chandigarh or Ludhiana, depending on his convenience and preference.

Additional Information

•  Alternatively, Y can also file a criminal complaint against X under Section 499 and 500 of the Indian Penal Code for defamation.
• In that case, Section 179 of the Code of Criminal Procedure will apply, which states that when an offence is committed partly in one local area and partly in another, or when the offence is a continuing one and continues to be committed in more local areas than one, it may be inquired into or tried by a court having jurisdiction over any of such local areas.
• Therefore, Y can file a criminal complaint against X either in Chandigarh or in Ludhiana.

The correct answer is option 2.Key Points

• Section 21 of C.P.c. 1908 deals with objections to jurisdiction. 
• No objection as to the place of suing shall be allowed by any Appellate or Revisional Court unless such objection was taken in the Court of first instance at the earliest possible opportunity and in all cases where issues are settled at or before such settlement, and unless there has been a consequent failure of justice.
• No objection as to the competence of a Court with reference to the pecuniary limits of its jurisdiction shall be allowed by any Appellate or Revisional Court unless such objection was taken in the Court of first instance at the earliest possible opportunity, and, in all cases where issues are settled, at or before such settlement, and unless there has been a consequent failure of justice.
• No objection as to the competence of the executing Court with reference to the local limits of its jurisdiction shall be allowed by any Appellate or Revisional Court unless such objection was taken in the executing Court at the earliest possible opportunity, and unless there has been a consequent failure of justice.

The correct answer is option 1.Key Points

• Section 15 of C.P.C. 1908 deals with the general principle that every suit shall be instituted in the Court of the lowest grade competent to try it.
• Section 16 deals with suits to be instituted where subject-matter situate.
• Subject to the pecuniary or other limitations prescribed by any law, suits for:
  • The recovery of immovable property with or without rent or profits,
  • The partition of immovable property,
  • Foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable property,
  • Determination of any other right to or interest in immovable property,
  • Compensation for wrong to immovable property,
  • 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.
• Provided that a suit to obtain relief respecting, or compensation for wrong to, immovable property held by or on behalf of the defendant may, where the relief sought can be entirely obtained through his personal obedience, be instituted either in the Court within the local limits of whose jurisdiction the property is situate, or in the Court within the local limits of whose jurisdiction the defendant actually and voluntarily resides, or carries on business, or personally works for gain.

The correct answer is option 2.Key Points

• Section 15 of C.P.C. 1908 deals with the general principle that every suit shall be instituted in the Court of the lowest grade competent to try it.
• Section 16 deals with suits to be instituted where subject-matter situate.
• Subject to the pecuniary or other limitations prescribed by any law, suits for:
  • The recovery of immovable property with or without rent or profits,
  • The partition of immovable property,
  • Foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable property,
  • Determination of any other right to or interest in immovable property,
  • Compensation for wrong to immovable property,
  • 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.
• Provided that a suit to obtain relief respecting, or compensation for wrong to, immovable property held by or on behalf of the defendant may, where the relief sought can be entirely obtained through his personal obedience, be instituted either in the Court within the local limits of whose jurisdiction the property is situate, or in the Court within the local limits of whose jurisdiction the defendant actually and voluntarily resides, or carries on business, or personally works for gain.

The correct answer is option 1

 Key Points Section 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) or 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,

The correct answer is option 4.Key Points

• Section 15 of C.P.C. 1908 deals with the general principle that every suit shall be instituted in the Court of the lowest grade competent to try it.
• Section 16 deals with suits to be instituted where subject-matter situate.
• Subject to the pecuniary or other limitations prescribed by any law, suits for:
  • The recovery of immovable property with or without rent or profits,
  • The partition of immovable property,
  • Foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable property,
  • Determination of any other right to or interest in immovable property,
  • Compensation for wrong to immovable property,
  • 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.
• Provided that a suit to obtain relief respecting, or compensation for wrong to, immovable property held by or on behalf of the defendant may, where the relief sought can be entirely obtained through his personal obedience, be instituted either in the Court within the local limits of whose jurisdiction the property is situate, or in the Court within the local limits of whose jurisdiction the defendant actually and voluntarily resides, or carries on business, or personally works for gain.