13 Jun 2026 07:29 AM

Partition Suit--Properties in Different Jurisdictions--Presence of One Item Confers Jurisdiction Under Section 17 CPC

Civil Procedure Code, 1908, S.17 -- Partition Suit -- Properties in Different Jurisdictions -- Where immovable properties sought to be partitioned are situated within the jurisdiction of different courts, S.17 CPC permits the suit to be instituted in any court within whose jurisdiction any portion of the property is located -- Presence of even one item, or a portion of any item, within the territorial limits is sufficient to confer jurisdiction -- An objection to territorial jurisdiction not raised before the Trial Court at the earliest opportunity cannot be raised later.

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