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Sanskar Saraf   25 February 2026

Plaint returned under order vii rule 10 cpc – procedure for re-presentation in proper court?

I had filed a commercial suit before the Commercial Court. However, the plaint has been returned under Order VII Rule 10 CPC on the ground of lack of territorial/pecuniary jurisdiction. I have now obtained the certified copy of the return order. I would appreciate guidance on the following: 1) Do I need to approach the original court to obtain the original plaint for the purpose of re-presentation, or is the certified copy of the order sufficient? When filing before the proper court: 2) Am I required to re-present the exact same plaint that was originally filed? Or can I make modifications (e.g., correcting jurisdictional pleadings, updating facts, amending headers to reflect the new court, etc.)? 3) Is a formal application required at the time of re-presentation, or is filing along with the return endorsement sufficient? Any procedural clarity, especially from practitioners who have handled re-presentation after return under Order VII Rule 10, would be helpful.


 5 Replies

Kihusu Dethro   25 February 2026

You should go to the court and get the returned plaint. 

If there is any issue with limitation period for filing the suit, then the returned plaint is important so that you can prove that you had filed the suit within the limitation period. 

Otherwise, it can be ignored. 

Keep the returned plaint and the return order safe. 

Consult the bench clerk and any senior court official in the court which returned the plaint. Also consult the staff of the court where you are going to present it in future. 

I think you can make modifications to the plaint before presenting it again. 

Consult a couple of lawyers. 

DISCLAIMER 

I did not actually handle the above issue. 

Sanskar Saraf   25 February 2026

I also feel I can modify the petition however, I am a recently graduated lawyer, so the judge while returning the plaint told me that if you would have withdrawn the plaint you would have been able to modify the same, but now as its returned you'll need to present the exact same in the competent court. And suggested me to file an application for amendment of plaint at the very start to get additional documents on record.

this is the thing which has left me confused. Because filing exact same would mean e-filing and physical filing a plaint which mentions incorrect court in its title. 

Kihusu Dethro   25 February 2026

You may consult the bench clerks and senior officials of the two courts and other senior lawyers. 

T. Kalaiselvan, Advocate (Advocate)     26 February 2026

You have been rightly advised, why do you want to agitate the advice given by judge.

Dr. J C Vashista (Advocate )     26 February 2026

Obtain certified copy of the plaint with documents annexed and replace it with in the court, take back original.

Make necessary amendents and file it afresh before jurisdicational court as a new case mentioning about return of previous plaint along with copy of order returning the plaint u/oVII Rule 10 CPC. 


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