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The Code of Civil Procedure (1909)

Jurisdiction of the Courts and Res Judicata

Pursuant to Section 9 of Code of Civil Procedure 1909, the Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred.Explanation - A suit in which the right to property or to an offence is contested is a suit of a civil nature, notwithstanding that such right may depend entirely on the decision of questions as to religious rites or ceremonies. [...]

Place of Suing.

Pursuant to Section 15 of Code of Civil Procedure 1909, every suit shall be instituted in the Court of the lowest grade competent to try it.

Pursuant to Section 16 of Code of Civil Procedure 1909, subject to the pecuniary or other limitations prescribed by any law, suits: (a) for the recovery of immoveable property with or without rent or profits;(b) for the partition of immoveable property;(c) for foreclosure, sale or redemption in the case of a mortgage of or charge upon immoveable property;(d) for the determination of any other right to or interest in immoveable property;(e) for compensation for wrong to immoveable property;(f) for the recovery of moveable 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, immoveable property held by or on behalf of the defendant may, where the relief sought can be entirely obtained through his personal obedience, be instituted either in the Court within the local limits of whose jurisdiction the property is situate, or in the Court within the local limits of whose jurisdiction the defendant actually and voluntarily resides, or carries on business, or personally works for gain.Explanation: In this section “property” means property situate in the Union of Burma.