Section 23 in The Provincial Small Cause Courts Act, 1887
23. Return of plaints in suits involving questions of title.
(1) Notwithstanding anything ... return the plaint to be presented to a Court having jurisdiction to determine the title. (2) When a Court returns a plaint under sub-section
Where, on an appeal against an order for the return of plaint, the Court hearing the appeal confirms such order, the Court of appeal ... plaintiff by an application so desires, while returning the plaint, direct plaintiff to file the plaint, subject to the provisions of the Limitation
Return of plaint.--(1) Subject to the provisions of Rule 10-A, the plaint shall] at any stage of the suit be returned ... suit, the return of the plaint under this sub-rule.
(2) Procedure on returning plaint.--On returning a plaint the Judge shall endorse thereon
suit, the return of the plaint, under this
sub-rule.
(2) Procedure on returning --On returning a plaint, the Judge
shall endorse thereon the date ... suit, the return
of the plaint under this sub-rule.)
(2) Procedure on returning plaint- On returning a plaint,
the Judge shall endorse thereon
same, it, under Order VII Rule 10 of the CPC , returned the
plaint to the plaintiff therein to present it before a Court having
competent ... suit, the return of
the plaint under this sub-rule.
(2) Procedure on returning plaint. --On
returning a plaint, the Judge shall endorse
thereon
return the plaint to be presented to a Court having jurisdiction to determine the title.
(2) When a Court returns a plaint under sub-section ... discretion to return or not to return the same and it is not obligatory on the Court to return the plaint once a question
deemed to include the
rejection of a plaint, but does not include the return of the plaint and it does not
include any adjudication from ... return of the plaint under
this sub-rule" * This explanation may lead to a doubt whether the Appellate Court
can return the plaint without
were involved would not be sufficient to raise a claim for return of plaint under Section 23 of the Act, and accordingly the revision ... noticed that Section 23 of the Act provides for return of plaint in a suit involving questions of title and in terms thereof when
appellant in his
plaints.
56. The said contention posses a question before me as to
whether while returning the plaint under Order ... plaint should have
been returned under Order 7 Rule 10 CPC .
61. In a similar issue of amendment of the plaint which
took the plaint
return the plaint multiple
times, inventing newer grounds for each successive return. In
other words, a plaint or original petition may be returned only
once ... case the plaint is returned, it would remain as
a “returned plaint” and not a “returned “suit”. The act of
numbering the plaint and inclusion
