S. 17 CPC envisages a suit being instituted in one of the several courts within whose jurisdiction properties may be situated

Calcutta High Court: A civil petition was decided by a Single Judge Bench comprising of Sanjib Banerjee, J., wherein the orders of the lower appellate court and the trial court insofar as they refused to grant injunction in respect of Schedule C properties to the plaint, were set aside.

The petitioner-plaintiffs filed a suit regarding a property matter wherein injunction was granted in respect of properties covered under Schedule A and B, but was refused in respect of Schedule C properties on the only ground that such property was situated beyond the territorial limits of the trial court. Aggrieved thereby, the plaintiffs filed the instant petition.

The High Court perused the record and discussed law on the subject. The Court was of the view that it was inconceivable that only because a property was not situated within the jurisdiction of a particular court, the court refused to grant an injunction in respect thereof. With help of an example, the Court discussed Section 17 CPC which envisages a suit being instituted in one of the several courts within whose jurisdiction the properties may be situated. It is possible that “A” and “B” have disputes pertaining to six properties and all the six properties are not situated within the jurisdiction of any one particular court. If the cause of action is such that several suits need not be instituted, by virtue of Section 17 the plaintiff may invoke the jurisdiction of any one court within whose jurisdiction any of the properties may be situated; but that would not preclude that court from issuing an injunction in respect of properties situated beyond its jurisdiction.

Since the order of refusal to grant injunction was made only on the above mentioned ground without going into merits; the Court held that the orders of the lower appellate court and the trial court, insofar as they refused to grant injunction in respect of Schedule C properties to the plaint, were liable to be set aside which was ordered accordingly. [Reba Rani Bal V. Malay Krishna Bal, 2018 SCC OnLine Cal 143, order dated 05-02-2008]

 

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