Background: Presented a case of permanent injunction (stopping neighbor to continue their construction activity in vicinity of our house and against building bye laws) alongwith an application for temporary injunction before Gram Nyayaly (constituted under THE GRAM NYAYALAYAS ACT, 2008) based on the territorial jurisdiction of the subject matter (we reside on the out skirts of main city and the civil courts in city decide on civil matters within municipal wards of city limits the rest is delegated to Gram Nyayaly). The mater goes on 4 months( we presented our pleadings and evidence and the matter was waiting for opposite parties to file replies which they never did) and we get some ad-interim orders in our favor. Now suddenly one fine day it is discovered by the court that it does not have the jurisdiction over the subject matter of the case and cannot entertain injunction cases(not in the list(schedule) of types of cases it is supposed to hear) The plaint is returned under Order 7 rule 10 for want of jurisdiction(we have not received(accepeted) the plaint from the court so far it still lying there in the same old court). The court while returning the plaint does not follow the mandatory provisions under Order 7 rule 10A like it does not intimate us of the intent that it wants to return plaint etc all other following procedures are given a forego Problem: Once the plaint is returned under Order 7 rule 10 the proceedings starts a fresh in whatever other court (not known which) and we loose all the work done so far including the favorable orders received based on merits of the case. What are the remedies that we can continue the case from the stage where is was left before the return happened(i.e. how can we get the case to be transferred to different court instead of that being returned to us to file in a different court) such that we can retain the work and orders received so far. Can the plaintiff be forced to start a fresh based on obscure legal technicalities.
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
If the plaint has been returned due to jurisdictional issues then you may have to file a suit afresh before the appropriate court, if you plan to prefer any appeal against this decision, probably you may not get any relief from the appellate court also.
Hence without wasting any time you may act swiftly.
Laws and legalities cannot be obscure and something which can be brushed aside. If a court/tribunal doesn't have any jurisdiction it cannot adjudicate upon the matter.
Therefore if the gram nyayalaya doesn't have any jurisdiction then you should file the case in the civil court.
If the order of return is passed you can only appeal in higher court
It is necessary to peruse order passed by trial court to advice
2) if plaint is returned you have to present it in proper court having jurisdiction
1. if the court does not have jurisdiction then it means that it cannot even look into the plaint and injunction application since it is a CORAM NON JUDICE
2. Hence any order which the Court may have erroneously passed under the impression that it can try such matter and that it has the jurisdiction over the same, would also become non-est and would have no legal force whatsoever
3. so the court will merely return the plaint to the Plaintiff for presenting it in the proper Court which has jurisdiction over the subject matter and the matter will begin afresh and not from the stage at which it came to be returned by the Court which did not have any jurisdiction
4. order 7 rule 10A will not apply in your case as the defendant has not appeared.
5. so you now have to file the suit in the proper court ASAP as limitation is running against you
- If you have filed the said suit in the civil judge court , then the said court having jurisdiction to hear such type of Inunction matters legally.
- However, if the said court having no jurisdiction , then the court can return the said matter for property jurisdiction , and can instruct for filing a fresh suit in the proper jurisdiction.
- You can perused the passed order for getting direction as to where it should be filed , and on why this court having no jurisdiction.
- Since, an Injunction matter come under urgent matters, then you should file the said suit as per direction of that court .
Hi, When the Plaint is returned for want of Jurisdiction, then you have to present the plaint where the Jurisdiction comes. Otherwise you have to challenge the order passed by the Court before the Appellate Court.
2. When you present the case before the Jurisdictional Court, it will continue in the same stage.
Dear Client,
A plaint that has been returned order 7 rule 10 has to start fresh and cannot continue from the point that it was left at. The recent judgement in EXL Careers v. Frankfinn Aviation Services Pvt. Ltd., 2020 SCC OnLine SC 621 has reiterated the same and provides no discretion. The legal mistakes made do not have any importance in the present case and the case will begin afresh in the transferred court.
Thank You
