YADAO GHIRNIKAR Vs. KRISHNAJI DORLE

JUDGEMENT

(1.) THE plaintiff-appellant sued the defendant for the recovery of mesne profits in respect of certain immovable property in Gwalior State. He stated that his right to the property had been decided by a judgment of that State and that the defendant resided within the jurisdiction of the Khamgaon Court.

(2.) THE main defence was that an appeal was pending against the Gwalior decision, so that under the explanation to Section 10, Civil P.C., the Courts in British India would still have be decide the question of the plaintiff's title to the property. The learned Judge held that, as it would be necessary to go into the question of the plaintiff's title to lands situate outside British India, he had no jurisdiction to try the case and returned the plaint for presentation to the proper Court.

(3.) SECTION 20., Civil P.C., permits, subject to the limitations contained in the preceding sections, a plaintiff to sue in a Court within the local limits of whose jurisdiction the defendant actually and voluntarily resides. Section 16 has no application to this case, for the explanation states that in this section "property" means "property situate in British India." The Civil Procedure Code then does not forbid the institution of the suit such as the present even if the decision in the suit involves adjudication regarding the plaintiff's title to immovable property outside British India.