The words 'any portion of the property' occurring in sections 16 and 17 of the CPC, cannot be limited to only one property. It may be a single immoveable property and may also include more than one property of different descriptions. In case, a person wants to obtain a relief through a suit, in respect of immoveable properties, situate within the jurisdiction of different Courts, the suit may be instituted in any Court within the local limits of whose jurisdiction, any one of the immovable properties or a portion thereof is situated, provided that the cause of action in respect of the properties must be one and the same.
The purpose of section 17 of the CPC is to avoid conflicting decisions, multiplicity of litigation and to give option to the parties to choose the court for adjudication of their disputes according to their convenience, in order to facilitate them.
Civil Petition Nos. 189-0 & 190-0 of 2017Abdul Habib & others VERSUS Mst. Noor Bibi & others (in both petitions)26-07-2022
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