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Suit in respect of immoveable property, where the entire relief sought can be obtained through the personal obedience of the defendant, can be instituted in a court within whose local jurisdiction:
the property is situate
the defendant voluntarily resides or carries on business
the defendant voluntarily resides or personally works for gain
all the above.
- In cases where the relief for immovable property can be enforced entirely by making the defendant do or stop doing something (personal obedience), special rules apply.
- Normally, suits about immovable property are filed where the property is located.
- However, if personal obedience is enough, then you can also file the suit where the defendant voluntarily resides, carries on business, or personally works for gain.
- This exception is given under Section 16, Proviso, Civil Procedure Code (CPC).
- So, you can sue in:
1?? The court where the property is situated.
2?? Where the defendant voluntarily resides or carries on business.
3?? Where the defendant voluntarily resides or personally works for gain.
- All of these options are correct.
Option:4 - all the above.
By: santosh ProfileResourcesReport error
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