2007 (4) TMI 741 - SC - Indian Laws

Summary

Issues Involved:
1. Jurisdiction of the Delhi Court to entertain the suit.
2. Applicability of Section 16 and Section 20 of the Code of Civil Procedure (CPC).
3. Validity of the oral Will and its impact on the suit.

Summary:

Jurisdiction of the Delhi Court to entertain the suit:
The plaintiff filed a suit in the High Court of Delhi seeking various reliefs including a declaration that an oral Will dated 1.1.1995 was never made, partition of properties situated in Village Pataudi, Gurgaon, and other related reliefs. The defendants objected to the jurisdiction of the Delhi Court, arguing that the properties in question were located in Gurgaon, Haryana, outside the jurisdiction of the Delhi Court. The trial judge concluded that the reliefs claimed fell within the purview of Section 16(b) and (d) of the Code of Civil Procedure (CPC), and hence, the Delhi Court had no jurisdiction. The plaint was returned for presentation to the proper court.

Applicability of Section 16 and Section 20 of the Code of Civil Procedure (CPC):
The plaintiff contended that the first declaration regarding the alleged oral Will wholly arose within the jurisdiction of the Delhi Court and thus, the Delhi Court had jurisdiction u/s 20 of the CPC. However, the trial judge and the Division Bench held that Section 16(b) and (d) of the CPC applied, and Section 20 could not be resorted to since Section 16 had application. The Division Bench reiterated that the suit was essentially for partition and related declarations concerning properties situated outside the jurisdiction of the Delhi Court. The Supreme Court agreed with this understanding, stating that the suit was one relating to immovable property situated outside the jurisdiction of the Delhi Court and thus, the plaint had been presented in a court having no jurisdiction.

Validity of the oral Will and its impact on the suit:
The plaintiff sought a declaration that the oral Will allegedly made by the deceased mother was never made. The Supreme Court observed that the need for such a negative declaration was superfluous and unnecessary. The plaintiff could sue for partition and other reliefs without such a declaration. The burden would be on the defendants to establish the making and validity of the oral Will if propounded. The Court found that the suit was essentially for partition and related reliefs concerning properties outside the jurisdiction of the Delhi Court, and thus, the trial judge and Division Bench were correct in their conclusions.

Conclusion:
The Supreme Court affirmed the order returning the plaint to the plaintiff for being presented to the proper court and dismissed the appeal, making no order as to costs.