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CODE OF CIVIL PROCEDURE, 1908

Section 17 - Suits
for immovable property situate within jurisdiction of different Courts

ANNOTATION

Reference/ Relevance Order 34, Rules 1 to 15

within Statute (suits relating to
Order 2, Rule 3 (Joinder of mortgages of immovable
causes of action) property);
Order 2, Rule 4 (Only
certain claims to be joined
for recovery of immovable
property)

Case Cited

1. Dhannalal v. Kalawatibai; MANU/SC/0565/2002: AIR 2002 SC 2572.

2. Prem Kumar v. Dharam Pal Sehgal MANU/DE/0028/1972: AIR 1972 Del 90.

3. Madhav Deshpande v. Madhav Dharmadhikari, MANU/SC/0260/1988: AIR 1988 SC 1347.

4. Ram Dayal v. Jagannath, AIR 1964 Punj 79.

5. Ramdhin v. Thakurain Dulaiya, AIR 1952 Nag 303 (FB).

6. Janaki v. Munnilal, MANU/UP/0018/1975: AIR 1975 All 91.

SYNOPSIS

1. Scope 2. Different cause of action

............................................ ........... 176
175

1. Scope.

The Plaintiff is dominus litis, that is, master of, or having dominion over, the case. He is the person
who has carriage and control of an action. In case of conflict of jurisdiction the choice ought to lie
with the Plaintiff to choose the forum best suited to him unless there be a rule of law excluding
access to a forum of the Plaintiff's choice or permitting recourse to a forum will be opposed to public
policy or will be an abuse of the process of law. This provision confers right on the Plaintiff suing on
consolidated cause of action to choose one out of several forums available to him and it is his
convenience and sweet will which will prevail (Dhannalal v. Kalawatibai).1 When a suit is filed on a
single cause of action in respect of a number of immoveable properties that are situated within the
jurisdiction of the different Courts, it could be instituted in any Court within the local limits of whose
jurisdiction any portion of the properties was situated (Prem Kumar v. Dharam Pal Sehgal).2

The object of this section is to prevent multiplicity of suits in those cases where properties in suit lie
within the local jurisdiction of different Courts. The section makes it clear that even if only one or
more of several properties in suit situate within the territorial jurisdiction of a Court, it will have
jurisdiction to try suit in respect of all the properties involved in the suit irrespective of the fact that
some of them are outside the local limits of such Court (Madhav Deshpande v. Madhav
Dharmadhikari).3 However, the essential condition for exercising such jurisdiction is that there must
be same cause of action as to all the properties involved in the suit (Ram Dayal v. Jagannath).4
Where the cause of action is not the same, the property situated outside local jurisdiction cannot be
included in one unless joinder of causes of action is permissible under Order I, Rule 3 or Order II,
Rule 3 of the Code.

2. Different causes of action.

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27/08/2021 Manupatra - Your Guide to Indian Law and Business and Policy
As mentioned above for the application of the section, there should be same cause of action for all
the immovable properties involved in the suit. However, different causes of action can be joined if
permissible under other provisions of the Code such as Rule 3 of Order I (Ramdhin v. Thakurain
Dulaiya).5 But where different transfers of several properties situated in different local limits are
challenged by the Plaintiff the same cannot be joined in one suit having jurisdiction of one of the
properties involved (Janaki v. Munnilal).6 No suit is maintainable in which causes of actions are joined
against the provisions of Order I, Rule 3 or Order II, Rule 3 in respect of immovable properties
situated under jurisdictions of different Courts. For applicability to the High Court's jurisdiction see
Section 120 of the Code and provisions of Letters Patent Act.

The Code of Civil Procedure, 1908

By Anupam Srivastava

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