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A person living in Bengaluru wants to sue their brother, who lives in Tumakuru, for partition of land…

Section 16(d) of the Code of Civil Procedure places a suit to partition immovable property in the court with territorial jurisdiction over the property, subject to other…

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A person living in Bengaluru wants to sue their brother, who lives in Tumakuru, for partition of land wholly in Ramanagara. The relief cannot be obtained entirely through the brother’s personal obedience. Which location determines territorial jurisdiction under the Code of Civil Procedure, 1908?

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Answer and explanation

Correct answer C

Section 16(d) of the Code of Civil Procedure places a suit to partition immovable property in the court with territorial jurisdiction over the property, subject to other jurisdictional limits. The proviso concerning relief obtainable entirely through personal obedience does not apply on these facts.

Option feedback

Option A

The claimant’s residence does not govern the territorial forum for this partition suit.

Option B

The defendant’s residence cannot displace section 16(d) on these facts.

Option C

Section 16(d) uses the situs of the immovable property for a partition suit.

Option D

There is no free election among these locations for the stated relief.

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