that the
Court, at the admission stage itself, passes orders either under Order VII
Rule 10 or under Order VII Rule ... requirements of Order VI and VII
CPC . It is neither a case of return of a plaint under Order VII Rule 10 nor a
case
application
under Order XXXIX Rules 1 and 2 of the CPC . However, for the
purpose of an application under Order VII Rule 10 ... above, the impugned order, to the extent it allows
the respondent's application under Order VII Rule 10 of the CPC and
directs return
application under Order VII Rule 10 CPC filed
by Natco Pharma Limited ('Natco') for return of the plaint for want of
jurisdiction ... stage of the proceedings."
Natco's application under Order VII Rule 10 CPC
16. The Court is not referring, at this stage
Rule 10
promptly on 26.08.2011. Order XVIII Rule 15 also could not be
invoked in view of the nature of jurisdiction conferred under Rule
10 ... marked contrast to the scheme under
Order VII Rule 10 read with Rule 10-A where no such discretion is given
and the proceeding
submitted that, on return of a plaint under Order VII Rule 10
of the Code of Civil Procedure 1908 and on the returned plaint being ... transfer intra Court, the principles relating to Order VII Rule 10 of
the Code of Civil Procedure , 1908 does not apply. Once a Court exercises
order and contended that though by the said order plaint
is returned, it not to be construed as order passed under
Order VII Rule 10 ... lies against this order and not
an Appeal from Order.
3. The order of return of plaint under Order VII
Rule 10 of the Code
provisions of Order VII Rule 11 of the Code. We should bear in mind that the provisions of Order VII Rule 10 is subject ... provisions of Order VII Rule 11 otherwise, the provision of Rule 11(d) becomes redundant if it is also Covered by Rule 10
nomenclature given thereto of Order VII
Rule 11 of the CPC , was in fact under Order VII Rule 10 of the CPC . It was
felt ... nomenclature of Order VII Rule 11 of the
CPC , ought to be treated as one under Order VII Rule 10 of the CPC ;
reliance
plaintiff relied upon the
provisions of Order VII, Rule 13 of the C.P.C . Order VII, Rule
13 reads as under;
"13. Where ... Order VII, Rule 11 and secondly because the
Order of the Bhavnagar Court about the return of the plaint is
under Order VII, Rule 10
impugned order') passed by the learned
Commercial Court, whereby the application filed by the respondents
under Order VII Rule 10 of the Code ... design software.
5. The respondents filed an application under Order VII Rule 10 of
the CPC contending that no part of the cause of action
