Return of plaint

Aruna Kumari Andy (Querist) 16 January 2016 This query is : Resolved
Sir/Madam

As per the provisions of Order VII rule 10 cpc, a plaint can be returned in certain circumstances. The question relates to maintainability of an appeal on the foot of return endorsement. Returning of plaint do not hit the definition of decree as under Sec 2(2) of CPC because of the reason rights were not yet been decided or adjudicated. In such scenario how an appeal is maintainable? if appeal is permitted under law whether the same provisions can be recoursed?, if returned plaint hits the provision of order VII rule 10(a) of CPC.

Follow Query

Report Abuse

Guest (Expert) 16 January 2016
are you arguing on a provision of law and explaining it or asking a question to experts

Rajendra K Goyal (Expert) 16 January 2016
Academic query, state actual problem if any.

M/s. Y-not legal services (Expert) 16 January 2016
yes. state your problem then ask your doubt..

P. Venu (Expert) 17 January 2016
What is your problem?

T. Kalaiselvan, Advocate (Expert) 17 January 2016
In this section the actual legal problems can be discussed and legal opinion can be sought from experts instead of testing the knowledge of experts.

Guest (Expert) 17 January 2016
agree with Kalaelvan sir. Actually querist is informing us all about certain sections of law.

Aruna Kumari Andy (Querist) 18 January 2016
Sir,

I did not pose the question to test knowledge of any one. I regretted my words, If causes any inconvenience to any one. My intention is to get an answer on Question of Law. Generally appeal is filed against an order where the rights of parties are determined,but in return of plaint, no rights are determined. How appeal provision is given to that. In this question i want to know the intention of legislature and How it is to be construed? . Second one is Order VII, Rule 10 hits the appellate provisions where as Rule 10(a) does not hit the same? Please explain deference amongest the cases.

Guest (Expert) 18 January 2016
Always ask query in simple layman language. what is your issue and what you want. Dont get into interpretation of sections and laws yourself. Let it be done by experts while replying.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries