filmov
tv
Return of Plaint | Order 7 Rules 10,10A,10B of CPC | Return of plaint CPC | Grounds of Return Plaint
Показать описание
Return of Plaint under Code Civil Procedure
1. Introduction
It is a general principle of law that courts cannot entertain a suit, unless they have jurisdiction to do so. When a suit is instituted in one court and if the opinion of the court is that it has no jurisdiction to entertain the suit, the plaint should be returned to the plaintiff under order 7 Rule 10 CPC, for presentation to the proper court.
3. Relevant Provisions
Following are the relevant provisions regarding the topic of return of plaint
Order 7 Rule 10 C.P.C
Cross-Reference
Section 6 to 25 of Code of Civil Procedure
Section 11 of suit valuation Act 1887.
4. Grounds for return of Plaint
Court shall return a plaint on the following ground
i. Court has no jurisdiction
The term jurisdiction refers to the legal authority, to administer justice in accordance with the means provided by law and subject to the limitation imposed by law. When the court has no jurisdiction, plaint should be returned.
ii. Objection to jurisdiction
If a party has any objection as to jurisdiction of the court, it should be raised as early as possible and any objection to jurisdiction should be dealt under rule 19 of order 7.
6. Time for returning of Plaint
The plaint may be returned at any stage of the suit and even in appeal or revision.
7. Procedure on Returning Plaint
On returning plaint, the judge shall endorse the following on the plaint
me. Date of presentation and return of plaint
ii. Name of the party presenting it.
iii. Brief statement of reasons for returning it.
10. Limitation
For the purpose of limitation, the date of institution of the suit is the date when the plaint is represented to the court, having jurisdiction.
11. Appeal
An order of returning a plaint is appealable, hut second appeal is barred.
1. Introduction
It is a general principle of law that courts cannot entertain a suit, unless they have jurisdiction to do so. When a suit is instituted in one court and if the opinion of the court is that it has no jurisdiction to entertain the suit, the plaint should be returned to the plaintiff under order 7 Rule 10 CPC, for presentation to the proper court.
3. Relevant Provisions
Following are the relevant provisions regarding the topic of return of plaint
Order 7 Rule 10 C.P.C
Cross-Reference
Section 6 to 25 of Code of Civil Procedure
Section 11 of suit valuation Act 1887.
4. Grounds for return of Plaint
Court shall return a plaint on the following ground
i. Court has no jurisdiction
The term jurisdiction refers to the legal authority, to administer justice in accordance with the means provided by law and subject to the limitation imposed by law. When the court has no jurisdiction, plaint should be returned.
ii. Objection to jurisdiction
If a party has any objection as to jurisdiction of the court, it should be raised as early as possible and any objection to jurisdiction should be dealt under rule 19 of order 7.
6. Time for returning of Plaint
The plaint may be returned at any stage of the suit and even in appeal or revision.
7. Procedure on Returning Plaint
On returning plaint, the judge shall endorse the following on the plaint
me. Date of presentation and return of plaint
ii. Name of the party presenting it.
iii. Brief statement of reasons for returning it.
10. Limitation
For the purpose of limitation, the date of institution of the suit is the date when the plaint is represented to the court, having jurisdiction.
11. Appeal
An order of returning a plaint is appealable, hut second appeal is barred.