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
opinion of 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.
2.
Meaning of Plaint
Plaint
is not defined by the code, so it has to be taken in an ordinary sense “It
is a written memorial tendered to a court in which the plaintiff sets forth
–the cause of action and seeks Judgment and relief from the 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
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 with under
rule 19 of order 7.
iii.
Subsequently acquired jurisdiction
If
at the time of institution of suit, Court has no jurisdiction but subsequently
acquires jurisdiction, then the suit will be deemed to have been properly
instituted from the date, the court gets jurisdiction.
iv.
One part of plaint is within and other part outside the jurisdiction of Court
When
plaint consists of two parts, one of which is within the jurisdiction of the
court and the other is outside the jurisdiction of the court, and then is such
case two views prevailed. According to one view the court should return the
plaint outside its jurisdiction and continue with the part within its
jurisdiction.
Another
view is that Court should not return the plaint but strike out under Order 6
Rule 16 of CPC that portion of the plaint, which is not within its
jurisdiction.
v.
Determination of jurisdiction
In
order to determine, whether the court has jurisdiction, the suit as originally
framed and instituted, has to be looked into.
5.
Scope
Order
7 Rule 10 of CPC will be applicable only, when the suit is pending before the
court. Provisions of Rule 10 are mandatory in nature.
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 following on the plaint
i.
Date of presentation and
return of plaint
ii.
Name of the party
presenting it.
iii.
Brief statement of reasons
for returning it.
8.
Two courses to plaintiff on return of plaint
On
return of plaint, plaintiff has the following options
i.
He may file a new suit or
ii.
He may amend the same
plaint and present it in the court
9.
Applicability of Order 7 Rule 10
Order
7 Rule 10 of CPC is applicable only to suits and not to the application.
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.
13.
Conclusion
By
the above discussion, it can be said, that jurisdiction of court is necessary,
to obtain adjudication, and decision of court without jurisdiction, is a
nullity in the eye of law, and not binding of anyone, though this is subject to
the exceptions u/s 21 CPC and u/s 11 of suit valuation Act 1887. Jurisdiction,
of the court is initially determined by the recitals in the plaint and where
civil court does not have jurisdiction it shall return the plaint under order 7
Rule 10 CPC.
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