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Supreme Court of India 2019-02-06 dismissed

Shivnarayan (D) by Lrs vs Maniklal (D) Thr. Lrs. & Ors

Bench: 2 — Ashok Bhushan

In Brief

The appellant sought to partition joint family property and challenge transfers of two properties: one at Indore (Madhya Pradesh) and another at Mumbai (Maharashtra). The trial court struck off pleadings relating to the Mumbai property for lack of territorial jurisdiction. The Supreme Court upheld this order, holding that while Section 17 of the CPC permits suits regarding properties in different jurisdictions, this is only permissible when there is a single, common cause of action. Since the suit involved different causes of action with different sets of defendants for each property, separate suits were required. The appeal was dismissed.

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Civil Procedure Jurisdiction Immovable Property Partition Joinder of Parties Causes of Action

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