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CS Professional · Drafting, Pleadings and Appearances · Judicial and Administrative Framework

Sundaram Textiles Ltd files a suit on the original side of a High Court exercising original civil jurisdiction. The defendant objects that the immovable property in dispute lies outside the Court's local limits and that the defendant resides elsewhere. Under the Code of Civil Procedure, 1908, which of the following statements is correct?

The objection fails under those sections, because section 120 states that sections 16, 17 and 20 do not apply to a High Court exercising original civil jurisdiction. All three are excluded together, so the territorial objections based on them cannot be raised.

  1. ASections 16, 17 and 20 do not apply to the High Court in the exercise of its original civil jurisdiction, so these objections cannot be raised under those sectionsCorrect
  2. BSections 16, 17 and 20 apply in full, so the suit must be dismissed
  3. COnly section 20 applies to the original side, while sections 16 and 17 do not
  4. DOnly sections 16 and 17 apply to the original side, while section 20 does not

Explanation

Section 120(1) provides that sections 16, 17 and 20 shall not apply to the High Court in exercise of its original civil jurisdiction. So the territorial objections founded on those sections do not operate as they would for ordinary courts. Options splitting the sections are wrong because all three are excluded.

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