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THE FIRST SCHEDULE · ORDER VII Plaint

Order VII Rule 10: Return of plaint

The Code of Civil Procedure, 1908

1(1) 2[ Subject to the provisions of rule 10A, the plaint shall] at any stage of the suit be returned to be presented to the Court in which the suit should have been instituted.

3[Explanation.—For the removal of doubts, it is hereby declared that a Court of appeal or revision may direct after setting aside the decree passed in a suit, the return of the plaint under this sub-rule.]

(2) Procedure on returning plaint.—On returning a plaint, the Judge shall endorse thereon the date of its presentation and return, the name of the party presenting it, and a brief statement of the reasons for returning it.

Footnotes in the official text

  1. 1.This rule has been applied to suits for the recovery of rent under the Chota Nagpur Tenancy Act, 1908 (Ben. 6 of 1908) s. 265.
  2. 2.Subs. by Act 104 of 1976, s. 57, for certain words (w.e.f. 1-2-1977).
  3. 3.Ins. by Act 104 of 1976, s. 57. (w.e.f. 1-2-1977).

Questions on this rule

4 questions in 15 of our papers cite Order VII Rule 10. Try these from the free papers:

  1. 1. P, in good faith and with due diligence, filed a suit for money against D in Court X, which after two years returned the plaint under Order VII Rule 10 CPC because it lacked territorial jurisdiction. When P presents the plaint in the proper Court, the period of limitation reckoned from the cause of action has expired. P:

Practise questions on Civil Procedure Code