Assistant City Civil Court, Chennai, seeking an order to return the plaint under Order VII Rule 10 CPC , which was dismissed by the court below ... provision of Order VII Rule 10 CPC , wherein, the rule specifies that subject to provisions of Rule 10 A of Order VII, a plaint shall
suit should have been instituted.
iv). Order XLIX Rule (3) (1), which says, Order VII Rule (10) shall not
apply to any Chartered High Court ... rule 10 of C.P.C ., is maintainable in view of the embargo laid in Order 49
Rule 3(1) of CPC :-
Order 49 Rule
suit, the return of the Plaint under the sub-rule. In fact, Order VII Rule 10(2) C.P.C ., enjoins 'Procedure on returning ... inherent jurisdiction, can pass an order for return of the Plaint. Although Order VII Rule 10 C.P.C . does not apply ordinary or extraordinary
orders.- An appeal shall lie from
the following orders under the provisions of section
104, namely:-
(a) an order under rule 10 of Order VII ... passed ex parte;
(f) an order under rule 21 of Order XI;
(i) an order under rule 34 of Order XXI on an
objection
filed an
application in A.No.3185 of 2021 under Order VII Rule 10 of C.P.C praying
for return of the plaint ... maintainable since as per Order XLIX Rule 3 of
C.P.C , the provision of Order VII Rule 10 is not applicable to the Chartered
filed an
application in A.No.3185 of 2021 under Order VII Rule 10 of C.P.C praying
for return of the plaint ... maintainable since as per Order XLIX Rule 3 of
C.P.C , the provision of Order VII Rule 10 is not applicable to the Chartered
filed an
application in A.No.3185 of 2021 under Order VII Rule 10 of C.P.C praying
for return of the plaint ... maintainable since as per Order XLIX Rule 3 of
C.P.C , the provision of Order VII Rule 10 is not applicable to the Chartered
City Civil Court and returned by that court under Order VII, Rule 10, of the first schedule to the Code of Civil Procedure . The amount ... affirmative. I think this result can be deduced from Order VII, Rule 10, of the Civil Procedure Code of 1908, which lays down that
filing I.A.Nos.5 and 6 of 2019 under Order VII Rule
11(a) and (d) r/w Section 151 of CPC to reject ... plaint is liable to be rejected
under Order VII Rule 11(a) and Order VII Rule
11(d) of CPC ."
58. Similar averments
exclusive jurisdiction of Court in Gurgaon. Undisputedly, the work orders and purchase orders were issued to the plaintiff at its office in Kota, Rajasthan ... likely to be returned to the plaintiff in terms of Order VII Rule 10 C.P.C.
(i) The plaintiff has filed a detailed common
