HARSHAD CHIMAN LAL MODI vs D.L.F. UNIVERSAL LTD.

The Supreme Court held that under Section 16 of the Code of Civil Procedure, 1908, a suit for recovery of immovable property must be instituted in the jurisdiction where the property is located. The Court confirmed the trial Court's decision that the Delhi Court lacked jurisdiction over a suit concerning property in Gurgaon, leading to the plaint being returned for presentation to the proper Court. The Court directed that the Gurgaon Court should expedite the trial of the suit, which had been pending for 17 years with completed pleadings and evidence.