Section 16 of CPC : Section 16: Suits to be instituted where subject-matter situate.

Explanation using Example

Example 1:

Scenario: Recovery of Immovable Property

Ravi owns a piece of land in Pune, Maharashtra. However, another person, Suresh, has unlawfully occupied this land and refuses to vacate it. Ravi wants to file a suit to recover his property.

Application of Section 16: Ravi must file the suit in the court that has jurisdiction over the area where the land is located, which in this case would be a court in Pune, Maharashtra.

Example 2:

Scenario: Partition of Immovable Property

Three siblings, Anil, Sunil, and Meena, jointly own a house in Jaipur, Rajasthan. They have decided to partition the property among themselves but cannot agree on the terms. Anil decides to file a suit for partition.

Application of Section 16: Anil must file the suit in the court that has jurisdiction over the area where the house is located, which would be a court in Jaipur, Rajasthan.

Example 3:

Scenario: Foreclosure of Mortgage

Priya has given a loan to Rajesh, and Rajesh has mortgaged his property in Chennai, Tamil Nadu, as security. Rajesh has defaulted on the loan, and Priya wants to foreclose the mortgage and sell the property to recover her money.

Application of Section 16: Priya must file the suit in the court that has jurisdiction over the area where the mortgaged property is located, which would be a court in Chennai, Tamil Nadu.

Example 4:

Scenario: Compensation for Wrong to Immovable Property

A factory in Bengaluru, Karnataka, has caused damage to a neighboring property owned by Vinod due to the release of harmful chemicals. Vinod wants to file a suit for compensation for the damage caused to his property.

Application of Section 16: Vinod must file the suit in the court that has jurisdiction over the area where his damaged property is located, which would be a court in Bengaluru, Karnataka.

Example 5:

Scenario: Recovery of Movable Property under Attachment

Ramesh's car has been wrongfully attached by a creditor in Mumbai, Maharashtra. Ramesh wants to recover his car.

Application of Section 16: Ramesh must file the suit in the court that has jurisdiction over the area where the car is currently located, which would be a court in Mumbai, Maharashtra.

Example 6:

Scenario: Relief Respecting Immovable Property

Amit owns a piece of land in Delhi, but it is held by his tenant, who refuses to vacate despite the lease agreement ending. Amit wants to file a suit for eviction and compensation for the wrongful occupation.

Application of Section 16: Amit can file the suit either in the court that has jurisdiction over the area where the land is located (Delhi) or in the court where the tenant resides or works, provided the relief can be obtained through the tenant's personal obedience.