Trial Judge, instead of rejection of the plaint, ought to have passed direction for return of plaint for presentation before the Debt Recovery Tribunal ... plaint instead of return of the plaint. Therefore , the said decision cannot have any application to a case of rejection of plaint on compliance
court to return the plaint is to be considered. The power of
the court to return the plaint is not similar to the power exercised ... plaint to be presented under the appropriate Court and such
power deemed to have been exercised under the inherent power.
21. On returning the plaint
case either to retain the suit in his file or to return the plaint for presentation to the Court of the lowest grade. We cannot ... suit is practically completed and before delivering the judgment the Court returns the plaint to be presented to another Court possibly we might be justified
making an endorsement of the dates of presentation and return and in returning the plaint to be presented to the Court in which the suit ... original Court had made the order for return of the plaint, but the actual return did not take place till some days later
suit. It was open to the learned District Judge to return the plaint for being presented to the appropriate Court or to retain the same ... higher grade had discretion either to return the plaint or not to return the plaint for being presented to the Court of the lower grade
been a trial and a judgment on a plaint, plaint can no longer be returned. For this purpose he relies on the decision of Ratikanta ... ordered the plaint to be returned and not having done so, the High Court on second appeal ordered the plaint to be returned, in order
Code of Civil Procedure filed by the defendants and returning the plaint to the plaintiff for presentation to the Court having jurisdiction.
2. The plaintiff ... made in the plaint, if the suit appeared to have been filed in the wrong forum, the Court could return the plaint; but otherwise
directed against an order of the Munsif of Jungipore returning a plaint to the plaintiff petitioner for presentation in the proper Court in the District ... return the plaint. This Rule is accordingly made absolute. The order of the Munsif dated the 14th July 1925, returning the plaint to the plaintiff
Commercial Division. He submits that
this Court ought to have returned the plaint to the plaintiffs to be filed
before the appropriate division ... before the Non-
Commercial Division on 19th June, 2024, instead of returning the plaint
to the plaintiffs with the liberty to file the same before
tenable.
Return of plaint and rejection of plaint are two different procedural
formalities. While returning the plaint, the Court will consider the jurisdictional
Page ... examine the merit of the plaint or its maintainability while
considering a prayer of return of plaint. On the contrary, while considering an
application
