Cpc 7 rule 10

Querist : Anonymous (Querist) 30 November 2011 This query is : Resolved
in one civil suit, when matter is ready for hearing of stay application, on that time the respondent give application for barred of pecunary jurisdiction of court, now the jmfc court ask for return the plaint, if the returning the plaint then which document include like our document list which we produce with the main petition.? and if the court return the plaint in another new court from which stage start a new procedure. in new court the stage is same? like hearing on stay application or new stage?

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V R SHROFF (Expert) 30 November 2011
Dear Ano,
You have to file the same in Senior Division, or any Civil Court, having Jurisdiction for the pecuniary Limit.
You need not change any Doc, or pleading except the Money Value of Suit.
Your Advocate understand this matter, technical errors, and will do the needful.

May be, your Adv tried to save your Court Fees, [ Rs. 6430 for first 1 Lakh, inc by 2%, Rs. 24430 for 10L in Mah St etc)and filed the suit in Lower Court,(Paying only Rs. 200, as ct fees) and the Respondent pointed out this [preliminary issue before hearing Ex-5 (Stay Order Application)

Devajyoti Barman (Expert) 30 November 2011
First clarify why was the plaint returned, for pecuniary or territorial jurisdiction?

Guest (Expert) 30 November 2011
order 7 rule 10 is return of plaint. So if the court orders for return the plaint and present it before proper court then the court will grant time or fix a date on this behalf. The same stage in which it is returned will be taken on file. Only the plaint will be returned the documents will be sent to the court which calling for the records.

Rajeev Kumar (Expert) 30 November 2011
I agree with Barman and Ganesan

prabhakar singh (Expert) 30 November 2011
so is also my situation as is that of Mr. Rajeev Kumar .

Raj Kumar Makkad (Expert) 30 November 2011
Various High courts have framed its own rules wherein the court having no pecuniary jurisdiction sends the case file to District Judge and in turn it sends the file to proper court and hearing initiates from the same stage wherein it was pending.

M/s. Y-not legal services (Expert) 01 December 2011
am also agree with ganesan sir. the reason for return that only mean you can represent your plsin before the concern court., but there will be a fresh trial.,