Code of Civil Procedure 1908 – Section 16(d) – Specific Relief Act 1963 – Section 22 –Absence of a specific prayer seeking transfer of possession would not have any bearing on the character of the suit, which is one covered by Section 16(d) of the CPC. (Para 33)
Code of Civil Procedure 1908 – Section 16 Proviso – The proviso to Section 16 would be applicable to a case where the relief sought by plaintiff can be obtained through the personal obedience of the defendant, that is, the defendant has not to go out of the jurisdiction of the court at all for the purpose of the grant of relief. (Para 21)
Interpretation of Statutes – An interpretation which gives rise to the possibility of misuse of law cannot be allowed. (Para 34)
Specific Relief Act 1963 – Sections 22 and 28 – Plaintiff can seek the relief of possession, partition, etc. simultaneously along with the prayer for specific performance. (Para 29)
Code of Civil Procedure 1908 – Section 16 -Actions against res or property should be brought in the forum where such res is situate. A court within whose territorial jurisdiction the property is not situate has no power to deal with and decide the rights or interests in such property – A court has no jurisdiction over a dispute in which it cannot give an effective judgment. (Para 16)