WILL PROCEEDINGS START DE-NOVO OR CONTINUE IN CASE OF RETURN OF PLAINT UNDER ORDER 7 CPC?

     Supreme Court, Delhi High Court, Advocate, Legal, Law,


Order 7 and Return of Plaint is one of the fundamental objections taken by Defense Counsel in Civil Litigation. In case of return of Plaint from a Court lacking inherent Jurisdiction to the court of appropriate Jurisdiction, a moot question arises for consideration is whether the proceedings shall start “De-Novo” (fresh) or it will be a continuance of the earlier proceedings ?

 

There has been a difference of opinion even in Supreme Court and therefore the matter was referred to a larger bench. The Issue is now settled in the matter of EXL Careers Vs. Frankfinn Aviation Services  Private Limited  decided on 05-08-2020 as follows :- 

 

(1) The proceedings will start afresh (DE-NOVO) and NO cognizance of  proceedings or earlier court will be considered.

 

(2) For the purpose of limitation, Plaintiff is entitled to exclude the period during which he prosecuted the case before the court having no jurisdiction.

 

(3) Plaintiff may also seek adjustment of court fee paid in earlier court.

 

 

In case, you need any clarification/ assistance/ help, please feel free to contact me on my whatsapp number. I will be happy if you can leave your comments.


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