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State of Madhya Pradesh - Section

Section 401 in M.P. Civil Court Rules, 1961

401.

(1)In calculating duration of cases the time during which the case had actually been pending in a particular Court only shall be calculated. The period shall be reckoned from the date on which it is received in the Court, whether by institution or by transfer and shall end when it is no longer before the Court whether as a result of disposal or of transfer to another Court. The date of presentation of the plaint shall be considered as the date of institution, unless the plaint is returned for amendment before admission, in which case the date of institution shall be the date of institution after amendment. In a case received by transfer the duration shall begin from the date on which the case is received on transfer. In the calculation, the interval during which a case is in abeyance by reason of an application for review shall be excluded, as also the interval during which an appeal in which an order of remand has been passed was pending disposal in the superior Court. Revived cases shall be treated as if newly instituted.
(2)In pauper suits the duration shall be reckoned from the date on which the application for permission to sue as pauper was granted and registered as a plaint.