Q.1 Which are the cases relating to property that can be instituted under Section 16 of Civil ProcedureCode, 1908 ? State the limitations, if any.

Section 16 of the Civil Procedure Code, 1908, deals with suits to be instituted where subject-matter situate. According to this section, the following suits must be instituted where the property (subject-matter) is situated:

1. For the recovery of immovable property with or without rent or profits,
2. For the partition of immovable property,
3. For foreclosure, sale, or redemption in the case of a mortgage of or charge upon immovable property,
4. For the determination of any other right to or interest in immovable property,
5. For compensation for wrong to immovable property,
6. For the recovery of movable property actually under distraint or attachment.

As for limitations, the general rule is that all suits should be instituted in the court within whose local limits the cause of action, wholly or in part, arises. However, Section 16 is an exception to this general rule. It mandates that in the cases mentioned in clauses (a) to (f) of this section, the suits should be instituted in the court within whose local limits the property is situated. If the property is situated within the jurisdiction of different courts, the suit may be instituted in any court within the local limits of whose jurisdiction any portion of the property is situated.

However, in respect of suits for compensation for wrong done to the person or movable property (if the wrong was done within the local limits of the jurisdiction of one court and the defendant resides or carries on business within the local limits of the jurisdiction of another court), the suit can be instituted at the option of the plaintiff in either of the said courts.