Civil Procedure Code, 1908, Order 7, Rule 10, Civil Procedure Code, 1908, Order 14 -- Return of plaint for presentation to proper Court - Power of appellate or revisional Court - Held, Court of appeal or revision may direct, after setting aside the decree passed in a suit, return of the plaint - Even if the Court had recorded findings on all issues including the issue of..........
Punjab Tenancy Act, 1887, Section 77(3)(N) -- Bar of jurisdiction - Suit for recovery as compensation for illegal use and occupation of land - Bar of jurisdiction of Civil Court neither pressed before Trial Court nor argued before lower appellate Court - Suit decreed after it remained pending in Civil Court for 7 years - Held, if defendant had pressed issue of jurisdiction..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Once plaint is returned by trial Court so far as suit in that Court is concerned comes to an end - Now it is for the plaintiff whether to presents the plaint before appropriate Court for institution of fresh suit or not...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Earlier suit filed for injunction dismissed in default - Subsequently, plaintiff came to know about partition suit, which emerged among defendants and passing of preliminary decree and final decree thereunder - After dismissal of previous injunction suit, attempts made by defendants to intermeddle into..........
Civil Procedure Code, 1908, Order 7, Rule 11, 13 -- Territorial jurisdiction - Lack of - Return of plaint - Remedy against - Held, the only remedy is to challenge this order passed in an appeal O.43.R.1(a) of the Code...........
Limitation Act, 1963, Section 14, Civil Procedure Code, 1908, Order 23, Rule 1 -- To claim benefit of S.14 of Limitation Act the same petition which was returned has to be represented - There is a distinction between provision of S.14 Limitation Act and O.23.R.1 CPC as in case of Court returning plaint by holding that it has no jurisdiction it is open to the petitioner..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint for want of jurisdiction - Plaint or written statement can contain new averments which were not there in the plaint which was returned - Plaint when represented in a Court having jurisdiction then suit has to be treated as a fresh suit and it can proceed in accordance with the law from the stage of its..........
Civil Procedure Code, 1908, Section 106, 107, 141, Order 7, Rule 10 -- Appeal - Appellate Court having no jurisdiction - Appeal has to be returned - Provision of law as application to return of plaint also applies to return of memorandum of appeal when appellate Court has no jurisdiction to entertain it...........
Civil Procedure Code, 1908, Section 21 -- Territorial jurisdiction - Issue - To be decided before the trial starts - It is not proper to return the plaint after finding during trial that Court has no jurisdiction...........
Civil Procedure Code, 1908, Order 7, Rule 10, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 22 -- Return of plaint - Jurisdiction of Tribunal - Tribunal has no jurisdiction to direct return of plaint after it came to conclusion that it has no jurisdiction over the subject-matter...........
