Code of Civil Procedure, 1908
18.Place of
institution of suit where local limits of jurisdiction of Courts are
uncertain.-
(1) Where it is
alleged to be uncertain within the local limits of the jurisdiction of which of
two or more Courts any immovable property is situate, any one of those Courts
may, if satisfied that there is ground for the alleged uncertainty, record a
statement to that effect, and thereupon proceed to entertain and dispose of any
suit relating to that property, and its decree in the suit shall have the same
effect as the property were situate within the local limits of its
jurisdiction:
Provided that the suit is one with respect to which the Court competent as
regards the nature and value of the suit to exercise jurisdiction.
(2) Where a statement has
not been recorded under sub-section (1), and an objection is taken before an
Appellate or Revisional Court at a decree or order in a suit relating to such
property was made by a Court not having jurisdiction where the property is
situate, the Appellate or Revisional Court shall not allow the objection unless
in its opinion there was, at the time of the institution of the suit no
reasonable ground for uncertainty as to the Court having jurisdiction with
respect thereto and there has been a consequent failure of Justice.