Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Suit instituted at place `P' for temporary reliefs - Right reserved to institute suit for substantial reliefs at place `B' at a later point of time - A litigant cannot be allowed to use one Court for the purpose of temporary reliefs and another Court for permanent reliefs - Plaintiffs were questioning..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Plaint can be ordered to be returned when issue of jurisdiction is a pure question of law and not when issue of jurisdiction is a question of fact or mixed question of law and fact which must be decided on merits...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of jurisdiction - Matrimonial dispute - Plaintiff specifically stated that not only parties to suit reside but cause of action with respect to matrimonial dispute arose as also part of landed property situate within territorial jurisdiction of trial Court - Since a defendant/female is stated to be..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Suit for possession based on title - Possession of defendant that of trespasser - Civil Court has jurisdiction to entertain the suit - Return of plaint rightly refused...........
Commercial Courts Act, 2015, Section 12A, Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Urgent interim relief sought - Order of return of plaint for non compliance of S.12-A of Commercial Courts Act - Impugned order set aside - Court directed to number the suit and consider interim application...........
Civil Procedure Code, 1908, Section 17, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - One of properties in respect of which relief is claimed is located at place `D' - In terms of S.17 CPC, suit has been validly instituted before Court at place `D'...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Jurisdiction - Return of plaint - For deciding an application U.O.7.R.10 CPC, Court has only to see the averments made in the plaint...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Application U.O.7.R.10 CPC - Maintainability - Defendant pleaded that suit as framed being barred under Companies Act and proceedings ought to have been filed before NCLT - Since NCLT is not a Court as contemplated U.O.7.R.10 or O.7.R.10-A CPC, application U.O.7.R.10 CPC not maintainable - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Court having no pecuniary jurisdiction - Application filed when case was posted for final arguments - As per mandatory provision of S.21 CPC objection with regard to pecuniary jurisdiction has to be taken at the first instance and at the earliest possible opportunity - No such objection was taken by..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - It cannot be said that no cause of action is disclosed in the plaint - Nothing pointed out which would justify return of plaint - Dismissal of application calls for no interference...........
