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, 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 -- Return of plaint - Jurisdiction of Court - At the stage when case was fixed for arguments a new legislation coming into force whereby the dispute could be decided by Tribunal - Court has power to return the plaint at any stage of suit and even at the stage of arguments - Plaint ordered to be returned to be presented in..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Entire cause of action arose at place `B' - Suit filed at place `K' - Held, plaint rightly returned to be filed at place `B'...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Second review - Agreement to sell - Initially suit for injunction filed - By amendment of plaint relief of specific performance allowed - As plaint was beyond pecuniary jurisdiction of Court the same was ordered to be returned and presented in Court of competent jurisdiction within two months - Plaintiff kept quite for seven..........
Limitation Act, 1963, Section 14 -- Proceedings pending in wrong Court - Period from date of return of plaint by wrong Court till date of presentation to the proper Court not to be excluded - Court which returned the plaint has no power to grant time - Even if wrong Court grants time for representation of the plaint before a proper Court, it will not save the period of..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Request for return of plaint on ground of lack of jurisdiction - Suit for partition - Jurisdiction of Court depending upon ownership of property which can be decided only on recording of evidence - Held, plaint cannot be returned...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Court having no jurisdiction - Plaint ordered to be returned to be presented in a Court of competent jurisdiction - Plaintiff can file a fresh suit by paying Court fee again without taking return of the earlier plaint - The object of returning plaint is to enable litigant to represent same plaint in appropriate Court without..........
Civil Procedure Code, 1908, Order 23, Rule 1(4), Civil Procedure Code, 1908, Order 7, Rule 10 -- Court having no jurisdiction - Plaint ordered to be returned to be presented in a Court of competent jurisdiction - Plaintiff instead of taking return of the plaint filed a fresh suit - Fresh suit is not barred - Earlier suit cannot be deemed to be pending - Moreoso a Court..........
