Return of Plaint (Civil Law)

This query is : Resolved

Author : SHYAMSUNDAR

PRO CHAT CALL

Posted On 15 June 2009 at 16:39

Only the plaint is returned to the plaintiff
The court which returned the plaint says that the new court will call for the records with them.
The new court is asking to file the plaint along with the documents.
What should be done.
Any citations.
thaks.

Expert : adv. rajeev ( rajoo )

PRO CHAT CALL

Posted On 15 June 2009 at 19:19

I dont have any citations, court could have sent all the doucments when the plaint is returned. U file an application to return of documents in the earlier court where u had filed a suit.

Expert : Kiran Kumar

PRO CHAT CALL

Posted On 15 June 2009 at 22:29

very strange, in my opinion when the court returns the plaint that means the plaint is not numbered or registered with it, therefore there are no records of any case as such....then how the court can detain the documents.

good proposition otherwise, i ll find some judgment on this issue.

Expert : Y V Vishweshwar Rao

PRO CHAT CALL

Posted On 16 June 2009 at 06:32

The Plaint presneted not admitted and no Suit Number - Plaint includs all the papers - bundle attached to it - have to be returned by Court -if the Plaitn is returned on the point of Territorial Jurisdiction , the Court to retun the Bundle with all docuemtns to presnt the same with in stiulated time be fore the proper court -

Expert : Prakash Yedhula

PRO CHAT CALL

Posted On 16 June 2009 at 18:36

Attention is invited to Rules 10 and 10A,
Order VII of the Code of Civil
Procedure, 1908, as amended by Act No. 104 of 1976, according to which the Court shall
return the plaint to the plaintiff for presentation to the proper Court after following the detailed procedure laid down particularly in new Rule 10A.

The Courts should strictly follow the said procedure in cases where they come to the conclusion that the plaint should be returned for being presented to the Court in which the suit should have been instituted.

The term plaint would include all the documents filed along with it. There is no procedure in CPC whereby the new court could call for the records.