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Prabhasini Dutta Vs. Nripendra Nath Sinha - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Reported inAIR1941Cal363
AppellantPrabhasini Dutta
RespondentNripendra Nath Sinha
Excerpt:
- .....j.1. the question raised in this rule is whether the suit should be tried at howrah or khulna. opposite party 1 brought a money suit against opposite party 2 and attached before judgment certain property situated within the district of khulna. the petitioner made objection to the attachment claiming that the property was hers. this objection was allowed and the present suit has been instituted by opposite party 1 in order to obtain a declaration that the property belongs to opposite party 2. the suit was instituted in howrah. the learned munsiff held that the cause of action arose within howrah because a claim case was filed there. section 16, civil p.c., however lays down that suits for the determination of any other right to or interest in immovable property shall be.....
Judgment:
ORDER

Henderson, J.

1. The question raised in this rule is whether the suit should be tried at Howrah or Khulna. Opposite party 1 brought a money suit against opposite party 2 and attached before judgment certain property situated within the district of Khulna. The petitioner made objection to the attachment claiming that the property was hers. This objection was allowed and the present suit has been instituted by opposite party 1 in order to obtain a declaration that the property belongs to opposite party 2. The suit was instituted in Howrah. The learned Munsiff held that the cause of action arose within Howrah because a claim case was filed there. Section 16, Civil P.C., however lays down that suits for the determination of any other right to or interest in immovable property shall be instituted in the Court within the local limits of whose jurisdiction the property is situate. The rule is, accordingly, made absolute and I direct that the plaint be returned to opposite party 1 for presentation in the proper Court. I make no order as to costs.


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