Suits to be instituted where subject-matter situate
Section 16 of the Code of Civil Procedure, 1908 deals with suits to be instituted where subject-matter situate. Subject to the pecuniary or other limitations prescribed by any law, suits (a) for the recovery of immovable property with or without rent or profits, (b) for the partition of immovable property, (c) for foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable property, The Act came into force on 01 Jan 1909.
Subject to the pecuniary or other limitations prescribed by any law, suits
(a) for the recovery of immovable property with or without rent or profits,
(b) for the partition of immovable property,
(c) for foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable property,
(d) or the determination of any other right to or interest in immovable property,
(e) for compensation for wrong to immovable property,
(f) for the recovery of movable property actually under distraint or attachment,
shall be instituted in the Court within the local limits of whose jurisdiction the property is situate:
Provided that a suit to obtain relief respecting, or compensation for wrong to, immovable property held by or on behalf of the defendant may, where the relief sought can be entirely obtained through his personal obedience, be instituted either in the Court within the local limits of whose jurisdiction the property is situate, or in the Court within the local limits of whose jurisdiction the defendant actually and voluntarily resides, or carries on business, or personally works for gain.
Explanation.-- In this section "property" means property situate in 1[India].
Section 16, The Code of Civil Procedure, 1908 (Act 5 of 1908).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Rohit Kochhar v. Vipul Infrastructure Developers Ltd. & Ors.
Court's Decision & Legal Precedent
A suit for specific performance of an agreement to sell immovable property situated outside the forum falls within CPC s.16(d). Transfer of title requires registration of the sale deed where the property lies, and transfer of possession is implicit in such a contract even if not specifically prayed for; the proviso to s.16 applies only where relief can be obtained entirely through the defendant's personal obedience without requiring the defendant to step outside the court's jurisdiction. Delhi High Court correctly returned the plaint for Gurugram property.
On this section: Primary modern teaching authority construing CPC s.16(d) and the proviso for specific-performance suits over immovable property situated outside the forum.
-
Begum Sabiha Sultan v. Nawab Mohd. Mansur Ali Khan & Ors.
Court's Decision & Legal Precedent
A suit for partition of immovable property must be brought where the property is situate under CPC s.16(b)/(d). A declaratory prayer about an alleged oral will said to have been made within the forum does not confer jurisdiction to grant connected partition relief over property lying outside it. The plaint must be read meaningfully for its real object; the proviso to s.16 does not assist a partition suit where relief cannot be obtained entirely by personal obedience; s.20, being residuary and 'subject to the limitations aforesaid', cannot override s.16.
On this section: Classic teaching authority on CPC s.16(b)/(d) return of plaint for partition/declaration suits over out-of-jurisdiction immovable property and the limits of clever drafting / s.20.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
-
… With respect to the other properties which are agricultural lands in Punjab, a similar provision in the Punjab Land Revenue Act, 1887 is relied upon. It was further pleaded in the application that as per Section 16 of Code of Civil Procedure, 1908, a suit for immovable property which is not situated in the territorial jurisdiction of Delhi will not lie in Delhi. It was also pleaded by the defendant that the suit against the plaintiff Smt. Harinder Singh Ghuman has been filed in the competent Court in the State of Punjab, …
-
… With respect to the other properties which are agricultural lands in Punjab, a similar provision in the Punjab Land Revenue Act, 1887 is relied upon. It was further pleaded in the application that as per Section 16 of Code of Civil Procedure, 1908, a suit for immovable property which is not situated in the territorial jurisdiction of Delhi will not lie in Delhi. It was also pleaded by the defendant that the suit against the plaintiff Smt. Harinder Singh Ghuman has been filed in the competent Court in the State of Punjab, …
Questions about Section 16
What have the courts held on Section 16 of the Code of Civil Procedure?
Rohit Kochhar v. Vipul Infrastructure Developers Ltd. & Ors. (26 Nov 2024) is the leading judgment on this section among those set out below: Primary modern teaching authority construing CPC s.16(d) and the proviso for specific-performance suits over immovable property situated outside the forum. Another 1 judgment on this section is set out below, all of them from the Supreme Court. They run from 2007 to 2024.
How do I find court cases under Section 16 of the Code of Civil Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CPC 16, section 16 CPC, section 16 of the Code of Civil Procedure. People searching for it also type cpc 16 rule 1. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Rohit Kochhar v. Vipul Infrastructure Developers Ltd. & Ors. (26 Nov 2024).
What should I read with Section 16 of the Code of Civil Procedure, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 16 of the Code of Civil Procedure come into force?
Section 16 of the Code of Civil Procedure, cited as CPC 16, came into force on 01 Jan 1909, having been enacted on 21 Mar 1908. It is in force as at the date shown on this page.
Other sections of this Act
- 115. Revision2475 words
- 60. Property liable to attachment and sale in execution of decree1869 words
- 2. Definitions890 words
- 9. Courts to try all civil suits unless barred714 words
- 42. Powers of Court in executing transferred decree653 words
- 92. Public charities610 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.