Return of plaint

inderjeet (Querist) 28 April 2017 This query is : Resolved
case was on consideration on point of limitation and jurisdiction. Judge heard both the parties and told that case is not within jurisdiction on technical point and told for return of plaint to file where it lies jurisdiction. Before the reader I was asked by my advocate to sign and even the advocate signed. Later on when leaving the court I told my advocate to file appeal / revision as not evidence was adduced. My advocate told that appeal / revision cannot be filed before District & Session Court since I have signed the statement. Thereafter immediately I approached the Judge again and told that I was unaware that my case has been returned and now how I will able to file appeal / revision since for return of plaint there is no provision as I have accepted the same. Judge told that order has been written and if you want to file appeal / revision you tell there that I was unaware that what I have signed before the court. From another lawyer I came to know that application u/s 151 can be given if person is unaware that what he has signed or stated before court. Please advice URGENTLY.

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Dr J C Vashista (Expert) 30 April 2017
The court has rightly returned the case, your lawyer as well as the Judge has correctly appreciated/applied the law qua jurisdiction. No Court can assume jurisdiction at your whims and fancies.

There will not be any fruitful/favourable result if you are moving in revision or filing application u/s 151 CPC, consequently your efforts, money and time shall turn waste.

ADV-JEEVAN PATIL, MUMBAI (Expert) 30 April 2017
1) under Order VII Rule10, court has power to reject plaint
2) If not satisfied make appeal
3) since there is no abuse of power by court, Sec.151 will not sustain or come to your reques.

inderjeet (Querist) 30 April 2017
Certified copy of order received wherein the order states that during course of arguments plaintiff alongwith his counsel suffered the statement that due to territorial jurisdiction this case cannot proceed here and requested for return of plaint and same is ordered to be returned. As per advice of my counsel I have signed and was not aware. Now under what section do I have to make application for review of statement and to same court or District Session Court.