In Pakistan, Section 12(2) of the Code of Civil Procedure (C.P.C) is a legal provision

that pertains to the jurisdiction of civil courts in matters related to immovable property. This section is an essential component of the Code and serves to outline the specific circumstances under which a civil court can exercise jurisdiction in cases concerning immovable property. Let’s delve into the details of Section 12(2) C.P.C and its application in the Pakistani legal context, accompanied by relevant case law.

Section 12(2) C.P.C:

Section 12(2) of the Code of Civil Procedure, 1908, states:

“In suits for land or other immovable property, the jurisdiction of a court is determined by the local limits of the area within which the property is situated.”

This provision essentially means that in matters related to immovable property, the jurisdiction of the civil court is primarily dependent on the geographical location of the property in question. The court within whose territorial limits the immovable property is situated will have jurisdiction over the case.

Case Law:

To understand the practical application of Section 12(2) C.P.C, we can refer to the following case law:

Case: Abdul Rehman v. Abdul Karim  (1993 CLC 1682)

In this case, a dispute arose over the ownership of a piece of agricultural land. The plaintiff filed a suit in a civil court located outside the jurisdiction of the area where the land was situated. The defendant raised an objection regarding the court’s jurisdiction, arguing that as per Section 12(2) C.P.C, the court within the local limits of the area where the property is situated should have jurisdiction.

The court upheld the defendant’s objection, emphasizing that the provision of Section 12(2) C.P.C is clear in its intent. The court stated that it is the location of the immovable property that determines the jurisdiction of the civil court, and this principle must be adhered to.

In light of this case law, it is evident that Section 12(2) C.P.C is a crucial legal provision that ensures the efficient and appropriate distribution of jurisdiction in cases involving immovable property. It upholds the principle of territorial jurisdiction, ensuring that disputes related to such property are adjudicated by the court within whose local limits the property is situated. This approach not only streamlines legal proceedings but also allows for a more practical and equitable resolution of property disputes in Pakistan.