Supreme Court of India · 2005-12-14
Harshad Chimanlal Modi vs Dlf Universal Ltd. & Anr
- Citation / case number
- AIR 2006 SUPREME COURT 646
- Court
- Supreme Court of India
- Petitioner
- Harshad Chimanlal Modi
- Respondent
- Dlf Universal Ltd. & Anr
- Author
- C.K. Thakker
- Bench
- Arijit Pasayat, C.K. Thakker
Judgment text excerpt
The Supreme Court addressed the issue of jurisdiction under Section 16 of the Code of Civil Procedure, 1908, holding that a suit for recovery of immovable property must be instituted in the court within whose jurisdiction the property is located. The Court confirmed the lower courts' decisions that the Delhi Court lacked jurisdiction over a property situated in Gurgaon, leading to the return of the plaint for presentation to the appropriate court. The Court also noted the prolonged duration of the case and directed the Gurgaon Court to expedite the proceedings from the current stage of the suit.