Sections 15 and 16 of the Code of Civil Procedure, 1908

Sections 15 and 16 of the Code of Civil Procedure, 1908 (CPC) form part of the provisions relating to the place of suing. Section 15 identifies the grade of Court in which a suit should be instituted, while Section 16 deals principally with suits concerning immovable property.

Legal text reviewed: September 6, 2026. The central CPC provisions below should be read with applicable State amendments, local laws, pecuniary limits and binding judicial decisions.

Section 15 CPC

Court in which suits to be instituted

Every suit shall be instituted in the Court of the lowest grade competent to try it.

In brief: Section 15 directs that a suit should ordinarily be filed in the lowest grade of Court that has jurisdiction and is competent to try it.

Section 16 CPC

Suits to be instituted where subject-matter situate

Subject to the pecuniary or other limitations prescribed by any law, suits -

for the recovery of immovable property with or without rent or profits;
for the partition of immovable property;
for foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable property;
for the determination of any other right to or interest in immovable property;
for compensation for wrong to immovable property; or
for the recovery of movable property actually under distraint or attachment,

shall be instituted in the Court within the local limits of whose jurisdiction the property is situate.

Proviso to Section 16

Provided that a suit to obtain relief respecting, or compensation for wrong to, immovable property held by or on behalf of the defendant may, where the relief sought can be entirely obtained through his personal obedience, be instituted either in the Court within the local limits of whose jurisdiction the property is situate, or in the Court within the local limits of whose jurisdiction the defendant actually and voluntarily resides, or carries on business, or personally works for gain.

Explanation. In this section, "property" means property situate in India.

In brief: Section 16 generally requires suits concerning immovable property to be filed where the property is situated, subject to the statutory proviso for relief that can be entirely obtained through the defendant's personal obedience.

Important amendment note

In the Explanation to Section 16, the expression "India" was substituted for the earlier expression "the States" by Act 2 of 1951, section 3, with effect from April 1, 1951.

Official reference: Code of Civil Procedure, 1908 - India Code. For litigation or professional use, also verify applicable State amendments, current pecuniary jurisdiction limits and relevant High Court rules.