JUDGMENT :

MANMEET PRITAM SINGH ARORA, J.

1. The question arising for consideration in this judgment is whether the plaintiff herein can maintain before Courts in Delhi, the present suit for specific performance with respect to the suit property located in the State of Haryana in view of Section 16 of Code of Civil Procedure, 1908 (‘CPC’) which reads as under :

“16. Suits to be instituted where subject-matter situate:- Subject to the pecuniary or other limitations prescribed by any law, suits—

(a) for the recovery of immovable property with or without rent or profits, (b) for the partition of immovable property (c) for foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable property, (d) or the determination of any other right to or interest in immovable property, (e) for compensation for wrong to immovable property, (f) for the recovery of movable property actually under distraint or attachment, shall be instituted in the Court within the local limits of whose jurisdiction the property is situate Provided that a suit to obtain relief respecting, or compensation for wrong to, immovable property held by or on behalf of the defendant may, where the relief so