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X is living in Pune and Y, his brother in Mumbai. X wants to file a suit for partition of their joint…

Section 17 permits a suit concerning immovable property in different court jurisdictions where any portion lies, provided the entire claim is cognizable there. The…

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X is living in Pune and Y, his brother in Mumbai. X wants to file a suit for partition of their joint property situated in Delhi and Bangalore. Assume the entire claim is cognizable by the appropriate court at either property location. Where may the partition suit be instituted under section 17 CPC?

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Answer and explanation

Correct answer C

Section 17 permits a suit concerning immovable property in different court jurisdictions where any portion lies, provided the entire claim is cognizable there. The residences in Pune and Mumbai do not displace this rule. See sections 16(b) and 17 of the Code of Civil Procedure, 1908.

Option feedback

Option A

Delhi is available but is not the only possible property situs.

Option B

Bangalore is available but is not the only possible property situs.

Option C

Section 17 permits either court where a portion lies if the entire claim is cognizable there.

Option D

Either property court is available under the stated competence premise.

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