Hello,

Could some send me the objects and reasons for Order VII Rule 10B and 10A of CPC?

[it was inserted thru Act No. 104 of 1976 ] 

I have seen it in a book by my book doesn't have it.

Thanks

Dear Querist, 

Basically O.7 R10 provided for return of plaint on lack of jurisdiction. When a plaint was returned for presentation to proper court - the other party had to be served again and the process took a lot of time. Now since the defendant already knows about the same - O.7 R 10A/B provided that the court returning may itself send the matter to the proper court(off course on the request of plaintiff) and fix a date there, and require BOTH parties to be present there - obviating the necessity of summoning the defendant again. This basically was to expediate the procedure. 

Dear Bharat,

I am fully aware of both rules but what I needed is the corresponding "Objects and Reasons" when it was introduced in 1976/77 so that I can quote the text.

Could u please check your CPC book and see if you can copy it here? I saw that in one of the CPC book from my lawyer but couldn't find it in my book. I need to get this to one of the junior lawyer since he doesn't have it in his book either.

Please help!

Thanks
Raj

Refer to : Statement of Objects and Reasons(Bill) - Gazette of India, Ext. dt. 8/4/1974, Pt. II, S.2, p.314

Sorry.. is that available online? If not could you post a copy of that paragraphs?

Thanks

Raj