Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Order VII Rules 10 and 10A Return of the Plaint CPC |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India Code of Civil Procedure, 1908 (5 of 1908) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Code of Civil Procedure, 1908: Order VII Rules 10 and 10A – Return of the Plaint – To be presented in the Court having appropriate jurisdiction – Whether the suit to proceed de novo or to continue from the stage where it was pending at the time of return of the plaint – Held: Where the suit is returned to be presented in the Court of appropriate jurisdiction, the suit shall proceed de novo. Constitution of India: Arts. 136 and 142 – Suit for recovery – Territorial jurisdiction questioned – Objection rejected – Later territorial jurisdiction objected to on the basis of exclusionary jurisdiction clause in the agreement between the parties – Objection rejected – In Revision High Court directed return of the file, on the ground of the exclusionary jurisdiction clause, to the Court of appropriate jurisdiction – Civil Judge transferred the file to the Court having jurisdiction – In Revision High Court rejected the contention of de novo trial raised by the defendant – Appeal to Supreme Court – Held: Though High Court was not correct in refusing de novo trial, in the facts of the case, in order to do complete justice between the parties, in exercise of power of Arts. 136 and 142 impugned order is not set aside – Code of Civil Procedure, 1908 – Order VII rr. 10 and 10 A. |
Judge | Hon'ble Mr. Justice Navin Sinha |
Neutral Citation | 2020 INSC 477 |
Petitioner | M/s Exl Careers And Another |
Respondent | Frankfinn Aviation Services Private Limited |
SCR | [2020] 6 S.C.R. 289 |
Judgement Date | 2020-08-05 |
Case Number | 2904 |
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