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The last Para of section 16 of the Code of Civil Procedure provides that suits to obtain relief respecting compensa¬tion for wrong to immovable property, may be institut¬ed at the plaintiff’s option either in the court within the local limits of whose jurisdiction the defendant actu¬ally and voluntarily resides, or carries on business, or personally works for gain, provided:
The property is held by or on behalf of the defendants
The relief sought can be entirely obtained through the personal obedience of the defendant
The property is situate in, and not beyond, India
All of these
- Option 1: Suits can be filed if the property is held by or on behalf of the defendants.
- Option 2: Suits can proceed if the relief sought can be achieved entirely through the personal obedience of the defendant.
- Option 3: Stipulates that the immovable property in question must be situated within India.
- Option 4: All of these options need to be satisfied for the suit to be instituted.
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