Provincial Small Causes Courts Act, 1887, Section 23 -- Return of plaint - Eviction suit - Suit involving question of title - Provision of S.23 of the Act does not make it obligatory on Court of Small Causes to invariably return plaint once question of title is raised by tenant - Question of title can be incidentally gone into by Court of Small Causes and any finding..........
Civil Procedure Code, 1908, Section 24 -- Transfer of suit - Where institution of suit itself was before an incompetent Court, question of transfer u/s 24(5) CPC does not arise at all - It is open for plaintiff to plead for return of plaint U.O.7.R.10 CPC before Court concerned for its presentation to proper Court - Application dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of jurisdiction - Court in its order U.O.10 CPC held that plaintiff had failed to disclose any cause of action in Delhi and that it has no territorial jurisdiction - This finding attained finality - Plaint ordered to be returned to the plaintiff...........
Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Order 7, Rule 10, 11 -- Rejection of plaint - Appeal U.O.43.R.1 CPC - Not maintainable - Appeal provided U.O.43.R.1 CPC is only against order of return of plaint passed U.O.7.R.10 CPC and not against order U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 10, Electricity Act, 2003, Section 154 -- Return of plaint by civil Court for filing it before Special Tribunal constituted under Electricity Act - Special Court not having power to adjudicate dispute raised in suit filed by petitioner - Trial Court committed jurisdictional error and no purpose will be served to relegate parties in..........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 10, Electricity Act, 2003, Section 154, 126 -- Return of plaint by civil Court for filing it before Special Tribunal constituted under Electricity Act - Bar of civil suit under Act of 2003 will occur only if there is challenge to assessment procedure u/s 126 of 2003 Act - Hence, ouster of jurisdiction of civil Court is..........
Civil Procedure Code, 1908, Order 7, Rule 10, Electricity Act, 2003, Section 154 -- Return of plaint by civil Court for filing it before Special Tribunal constituted under Electricity Act - Parties giving consent for conferring jurisdiction on Special Court - Consent is not sufficient to confer jurisdiction on Special Court under Act of 2003 to try civil suit...........
Civil Procedure Code, 1908, Order 7, Rule 10A -- Lack of jurisdiction - Return of plaint - It is de novo trial of suit by competent Court - Whatever done by Court, not having jurisdiction, is non est in the eye of law...........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 10 -- Return of plaint - Lack of jurisdiction - Lease agreement and corporate guarantee - Defendant no.1 agreed by corporate guarantee to be subject to jurisdiction of Courts not only in Saudi Arabia but also abroad, thus, cannot be allowed to urge that suit instituted is against the spirit of contract - Moreover,..........
Civil Procedure Code, 1908, Order 7, Rule 10, 10A -- Return of plaint to be presented before proper Court - Plaint represented - Suit is to be deemed to be filed when represented in the proper court...........
