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Criminal Procedure Code QUESTION #9471
Question 1
A suit between A and B regarding ownership of agricultural land situated partly in the jurisdiction of Civil Court Lahore and partly in the jurisdiction of Civil Court Sheikhupura was instituted in Civil Court Lahore. The entire claim is within the pecuniary competence of Civil Court Lahore. B objects that the suit should lie in Sheikhupura since the larger portion of land is there. How should the Court rule?
  • Direct both Courts to jointly try the suit
  • Transfer the suit to Sheikhupura as the major portion of property is situate there
  • Uphold B's objection and return the plaint for presentation to Sheikhupura
  • Dismiss B's objection; the suit is properly instituted as any portion of the property lies within Lahore's jurisdiction and the entire claim is within its pecuniary competence✔️
Correct Answer Explanation
Section 17 CPC provides that where immoveable property is situate within the jurisdiction of different Courts, a suit may be instituted in any Court within whose local limits any portion of the property is situate, provided the entire claim is cognisable by such Court. The Lahore Court satisfies both conditions.