Section 18 of CPC : Section 18: Place of institution of suit where local limits of jurisdiction of Courts arc uncertain.

Explanation using Example

Example 1:

Scenario: Two neighboring villages, Village A and Village B, have a disputed piece of land on their border. The exact boundary between the two villages is unclear, and both Village A and Village B claim the land falls within their jurisdiction.

Application: A farmer from Village A wants to file a suit regarding the ownership of this disputed land. However, it is uncertain whether the land falls under the jurisdiction of the court in Village A or Village B. The farmer can file the suit in either court. If the court in Village A is satisfied that there is genuine uncertainty about the jurisdiction, it can record a statement to that effect and proceed with the case. The court's decision will be valid as if the land were within its jurisdiction.

Example 2:

Scenario: A property dispute arises between two families over a piece of land located near the border of two districts, District X and District Y. The exact location of the land is ambiguous, and it is unclear which district court has jurisdiction.

Application: One family files a suit in the District X court. The District X court, upon recognizing the uncertainty of the land's location, records a statement acknowledging the jurisdictional ambiguity and proceeds with the case. Later, the opposing family appeals the decision, claiming that the District X court did not have jurisdiction. The appellate court reviews the case and finds that there was a reasonable ground for the initial uncertainty and no failure of justice occurred. Therefore, the appellate court upholds the decision of the District X court.

Example 3:

Scenario: A businessman owns a factory that is situated on the border of two cities, City M and City N. Due to the unclear demarcation of city boundaries, it is uncertain which city's court has jurisdiction over the factory.

Application: The businessman files a suit in the City M court regarding a contractual dispute related to the factory. The City M court, after verifying the uncertainty of the jurisdiction, records a statement and proceeds with the case. The court's decree will be considered valid as if the factory were within its jurisdiction. If the opposing party later challenges the jurisdiction in an appellate court, the appellate court will only overturn the decision if it finds that there was no reasonable ground for the initial uncertainty and that a failure of justice occurred.

Example 4:

Scenario: A family owns a piece of agricultural land that lies on the boundary between two states, State P and State Q. The exact boundary line is disputed, and it is unclear which state's court has jurisdiction over the land.

Application: The family files a suit in the State P court to resolve an inheritance issue related to the land. The State P court, recognizing the jurisdictional uncertainty, records a statement and proceeds with the case. The court's decree will be valid as if the land were within its jurisdiction. If the opposing party appeals the decision, the appellate court will only consider the jurisdictional objection if it finds that there was no reasonable ground for the initial uncertainty and that a failure of justice occurred.