Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Applicant very elaborately dealt with and touched upon various relevant and important aspects - Trial Court in a slipshod manner without considering such aspects in their proper perspective did not return definite findings whether or not the plaint disclosed a cause of action or whether the suit based..........
Suits Valuation Act, 1887, Section 8, 7(iv) -- Once the plaintiff exercise his option and values his claim for the purpose of Court-fee, that determines the value for jurisdiction - In the instant case value of suit for the purposes of Court Fee and jurisdiction assessed at 1, 00, 100/- which came within pecuniary jurisdiction of Subordinate Judge - Return of plaint by..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint for presentation before proper Court - Plaintiff does not automatically get the benefit of S.14 of Limitation Act - Even in such cases suit should be deemed to have been validly presented on date of presentation before appropriate forum...........
Civil Procedure Code, 1908, Section 80 -- Notice - Dispense with - Declined - Only option to Court is to return plaint for no, compliance of S.80 CPC - Return of plaint for presentation after compliance of mandatory provision does not amount to disposal of suit - Cannot be said to be a case decided to attract S.115 CPC - Writ application is maintainable against order..........
Civil Procedure Code, 1908, Order 7, Rule 10, 10-A, Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Has to be treated like a plaint - If it exceeds the pecuniary jurisdiction of the Court the same shall be returned for being presented to the competent Court with an endorsement regarding date of its presentation and return, brief statement of the reasons..........
Civil Procedure Code, 1908, Order 7, Rule 10, 11 -- Return of plaint - Suit triable by Revenue Court - Suit not to be dismissed - Plaint to be returned for presentation of the same in the competent Court having jurisdiction...........
Civil Procedure Code, 1908, Order 7, Rule 10, Civil Procedure Code, 1908, Order 23, Rule 3-A -- Return of plaint - Compromise decree - Separate suit to challenge compromise decree not maintainable - Question of return of plaint does not arise as a separate suit itself is not maintainable whether in the same Court or in any another Court - What is barred is a 'separate..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Court which returns the plaint has no jurisdiction to extend the period fixed by it for presentation of the plaint before the proper Court - Even inherent power u/s 151 of the Code cannot be invoked in such a case...........
Civil Procedure Code, 1908, Order 7, Rule 10, 10A -- Return of plaint - Provision of O.7.R.10-A CPC does not authorise Court to grant time to present plaint in proper Court - It only authorises Court to fix a date for appearance of parties in Court in which plaint is proposed to be presented...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Existence of arbitration agreement - Provision of O.7.R.10 CPC has no application - Return of plaint is permissible, if the Court where the plaint is presented does not have territorial and pecuniary jurisdiction...........
