Return of plaint order 7 rule 10
The plaint is returned if it is not filed In proper
court due to lack of jurisdiction
Note rule 10 is of mandatory in nature because
the court has no option but to return the plaint, if
it is not filed before proper forum.
When return of plaint is ordered
Can be ordered at any stage including appeal
stage
Grounds for return of plaint
1) Lack of jurisdiction
2) Lack of pecuniary jurisdiction
3) Lack of subject matter jurisdiction
4) Partial jurisdiction partial not
5) Cause of action has not accrued
Note where the court having no jurisdiction gives
its verdicts (decision) is (corom non judice) is not
binding on any one
Procedure of return of plaint
The judge shall mention following
particulars/grounds
1) Date of presentation of suit/plaint
2) Date of return of plaint
3) Name of party presenting it
4) The reason of returning
Remedies available where court returns, the
plaint
1) New suit in proper court
2) Amend the same plaint and institutes in the
proper court
3) Challenge orders through appeal
Appeal
Yes
Revision
barred
rejection of plaint order 7 rule 11
when the plaint is dismissed due to same (technical fault)
and not on the merit of the case is called rejection of
plaint
1) does not disclose cause of action
if the plaintiff fails to specify cause of action in the plaint,
it shall be rejected at once
however, the court may ask the plaintiff to provide a better
statement or amend it or rather than rejecting the plaint
2) under valuation of the suit
when the suit is under valued the court will not reject
the plaint rather will ask in plaintiff to correct the
valuation of the suit and if plaintiff fails, the suit shall
be rejected
1) plaint written on paper in sufficiently stamped
where the suit is properly valued but the plaint is not
written on sufficiently stamped paper, the suit shall be
deemed rejected
1) plaint barred by law
where the suit is barred by law, such suit be
deemed rejected
when plaint is rejected
The plaint be rejected at preliminary stage where the
plaintiff has not led the evidence.
Procedure of rejection of plaint
1) judge shall record an order to that effect order 7 rule
13
2) judge shall record the reasons
Modes of rejecting plaint
a) on the application of the defendants
b) suo moto by the court
appeal
yes the rejecting plaint is appealable
revision
no