Jurisdiction and Bar of Civil Courts under Section 79 of RERA and the Civil Procedure Code (CPC)
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Introduction The Real Estate (Regulation and Development) Act, 2016 (RERA) was enacted to bring transparency, accountability, and efficiency to the real estate sector in India. One of the important aspects of this Act is the establishment of a specialized mechanism to handle disputes related to real estate projects. In this context, Section 79 of RERA plays a crucial role by barring the jurisdiction of civil courts in certain matters. At the same time, the Code of Civil Procedure, 1908 (CPC) provides the general rules for civil jurisdiction through Sections 9 to 20 . Understanding the interplay between these legal provisions is essential for determining the correct forum for dispute resolution. Section 79 of RERA – Bar on Civil Courts Section 79 of the Real Estate (Regulation and Development) Act, 2016, plays a pivotal role in defining the jurisdictional boundaries between civil courts and the authorities established under RERA. The provision is designed to streamline the...