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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Civil Procedure

Rohan sues Meera over a farm plot. It is genuinely uncertain whether the plot lies within the local limits of Court A or Court B. Court A is competent as to the nature and value of the suit. What may Court A do under the Code?

Court A may record a statement that there is ground for the uncertainty and then proceed to entertain and dispose of the suit. Its decree will have the same effect as if the property lay within its limits, provided it is competent as to nature and value of the suit.

  1. AReturn the plaint, since the local limits must be certain before any suit is entertained
  2. BRecord a statement that there is ground for the uncertainty and then entertain and dispose of the suitCorrect
  3. CTransfer the suit to Court B without recording any statement
  4. DEntertain the suit only if Court B gives written consent

Explanation

Section 18(1) allows any one of the courts, if satisfied there is ground for the alleged uncertainty, to record a statement to that effect and then entertain and dispose of the suit. Its decree has the same effect as if the property lay within its limits, provided it is competent as to nature and value. No consent of the other court is required.

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