A suit starts with the presentation of plaint. It has to be instituted in a Court which have jurisdiction to try such suit. There are pecuniary and territorial divisions of jurisdiction. If a suit is instituted in a court and the Court finds that it has no jurisdiction to try such suit, the plaint will be returned to the plaintiff for presentation to proper Court.
Return of Plaint is stated in Order 7 Rule 10 of the Code of Civil Procedure, 1908. Corresponding provision is also stated in Civil Rules of Practise. Rule 32 says that any plaint, petition, memorandum of appeal or other proceedings which is insufficiently stamped or undervalued or which requires any amendment to conform to the procedure or practice of the Court shall be returned for being presented within a period of not exceeding 15 days of the order after curing the defects; or the pleader or the party may be required to cure the defects within a period not exceeding 15 days of the order.
Procedure to be followed while returning plaint.
The procedure is laid down in Order 7 Rule 10(2) which says that the Judge shall endorse on a returning plaint the date of its presentation and return, the name of the party presenting it, and also a brief statement of the reasons for returning it. Another provision is stated in Order 7 Rule 10A. This rule says that if the Court formed an opinion that the plaint should be returned and the defendant has already appeared, the decision to return shall be intimated to the plaintiff. The plaintiff has a right to make an application to the Court specifying the new Court in which he proposes to present the plaint after it is returned. He may also request by application that the Court may fix a date for the appearance of the parties in the said Court and that the notice of the date so fixed may be given to him and to the defendant. The Court then shall fix a date for appearance of parties in the proposed Court and give notice.
Consequence of Returning plaint
If an order made returning a plaint to be presented to the proper Court an appeal shall lie under Order 43 Rule 1(a) of the Code. The appellate Court can also direct parties to present before the proper Court. [Order 7 Rule 10B].However no appeal shall lie if Order 7 Rule 10A is followed. This is specifically stated in Order 7 Rule 10(5). Generally returning of a plaint is an appealable order.