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B seeks partition of joint family land in Davanagere, Haveri and Gadag. Each place has a court with…

Section 17 permits suit in a court whose local limits contain any portion of the immovable property, provided the entire claim is cognizable there by value. On the facts…

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B seeks partition of joint family land in Davanagere, Haveri and Gadag. Each place has a court with local jurisdiction over its parcel and pecuniary jurisdiction over the entire claim. Under section 17 of the Code of Civil Procedure, 1908, where may B file the suit?

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Answer and explanation

Correct answer D

Section 17 permits suit in a court whose local limits contain any portion of the immovable property, provided the entire claim is cognizable there by value.

On the facts given, each of the three courts meets both requirements.

Option feedback

Option A

Location of part of the property in Davanagere permits filing there, but does not exclude the other competent courts.

Option B

Location of part of the property in Gadag permits filing there, but does not make that court the sole forum.

Option C

Location of part of the property in Haveri permits filing there, but does not make that court the sole forum.

Option D

Each court has local jurisdiction over part of the property and can entertain the entire claim by value, satisfying section 17.

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