AIBE XIII — December 2018 — Q.87 (Code of Civil Procedure, 1908)

Q.87

Code of Civil Procedure (CPC) Medium Knowledge-Based

Bare Act Code of Civil Procedure, 1908 · Section 20

X is living in Pune and Y, his brother in Mumbai, X wants to file a suit for partition of their joint property situated in Delhi and Bangalore.

A The suit may be instituted in Delhi only.

B The suit may be instituted in Bangalore only.

✓ The suit may be instituted either in Delhi or Bangalore. Answer

D None of the above.

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Explanation & Strategy

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Under Section 20 CPC, a suit can be filed where the defendant resides/works, or where the cause of action wholly or partly arises. If X (Pune) wants to sue Y (Mumbai), X can file in Mumbai (where Y resides) or wherever the cause of action arose.

At a Glance

Subject Code of Civil Procedure (CPC)

Difficulty Medium

Act Code of Civil Procedure, 1908

Section Section 20

Answer (C) Knowledge-Based

Paper AIBE XIII — December 2018

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