Mera Samvidhaan All of Code of Civil Procedure, 1908

Order VII · Plaint

10Return of plaint.

Order 7, Rule 10

(1) 4[ Subject to the provisions of rule 10A, the plaint shall] at any stage of the suit be returned to be presented to the Court in which the suit should have been instituted.

1[Explanation.—For the removal of doubts, it is hereby declared that a Court of appeal or revision may direct after setting aside the decree passed in a suit, the return of the plaint under this sub-rule.]

(2) Procedure on returning plaint.—On returning a plaint, the Judge shall endorse thereon the date of its presentation and return, the name of the party presenting it, and a brief statement of the reasons for returning it.

Page 102

This rule has been applied to suits for the recovery of rent under the Chota Nagpur Tenancy Act, 1908 (Ben. 6 of 1908) s. 265.

4 Subs. by Act 104 of 1976, s. 57, for certain words (w.e.f. 1-2-1977).

Page 103

1 Ins. by Act 104 of 1976, s. 57. (w.e.f. 1-2-1977).

Order 7, Rule 10 of The Code of Civil Procedure, 1908 is reproduced in full above, as printed by India Code, with its footnotes and amendment markers. Read the whole Act, or browse every Act on Mera Samvidhaan.