Place of institution of suit where local limits of jurisdiction of Courts are uncertain
Section 18 of the Code of Civil Procedure, 1908 deals with place of institution of suit where local limits of jurisdiction of Courts are uncertain. Where it is alleged to be uncertain within the local limits of the jurisdiction of which of two or more Courts any immovable property is situate, any one of those Courts may, if satisfied that there is ground for the alleged uncertainty, record a statement to that effect and thereupon proceed to ent The Act came into force on 01 Jan 1909.
(1) Where it is alleged to be uncertain within the local limits of the jurisdiction of which of two or more Courts any immovable property is situate, any one of those Courts may, if satisfied that there is ground for the alleged uncertainty, record a statement to that effect and thereupon proceed to entertain and dispose of any suit relating to that property, and its decree in the suit shall have the same effect as if the property were situate within the local limits of its jurisdiction:
Provided that the suit is one with respect to which the Court is competent as regards the nature and value of the suit to exercise jurisdiction.
(2) Where a statement has not been recorded under sub-section (1), and an objection is taken before an Appellate or Revisional Court that a decree or order in a suit relating to such property was made by a Court not having jurisdiction where the property is situate, the Appellate or Revisional Court shall not allow the objection unless in its opinion there was, at the time of the institution of the suit, no reasonable ground for uncertainty as to the court having jurisdiction with respect thereto and there has been a consequent failure of justice.
Section 18, The Code of Civil Procedure, 1908 (Act 5 of 1908).
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.
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Udayshankar N vs Venkatesh Prasad
Court's Decision & Legal Precedent
A petition for initiation of final decree proceedings becomes infructuous and does not survive for consideration when the underlying judgment and decree upon which it is based have been set aside and the original suit has been restored to its initial stage for fresh adjudication. The basis for such proceedings ceases to exist once the foundational judgment is vacated.
On this section: Governs the procedure for initiation of final decree proceedings; the court applied this rule to determine that the petition for final decree proceedings cannot proceed when the underlying judgment has been vacated
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.
Questions about Section 18
What have the courts held on Section 18 of the Code of Civil Procedure?
Udayshankar N vs Venkatesh Prasad (28 Apr 2026) is the leading judgment on this section among those set out below: Governs the procedure for initiation of final decree proceedings; the court applied this rule to determine that the petition for final decree proceedings cannot proceed when the underlying judgment has been vacated.
How do I find court cases under Section 18 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 18, section 18 CPC, section 18 of the Code of Civil Procedure. People searching for it also type cpc 18 rule 4 and cpc 18 rule 17. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Udayshankar N vs Venkatesh Prasad (28 Apr 2026).
When did Section 18 of the Code of Civil Procedure come into force?
Section 18 of the Code of Civil Procedure, cited as CPC 18, 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.