Return or rejection of plaint

Plaint can only be rejected by a court which otherwise has jurisdiction to entertain suit/plaint and decide entire lis on its merits

If during such proceedings an application has been filed by defendant for rejection of plaint on grounds mentioned under O. VII, R. 11, C.P.C., court having such jurisdiction can decide application either way

Once it is pleaded on behalf of defendant that court has no jurisdiction and plaint be returned under O. VII, R. 10, C.P.C., then no application can be entertained under O. VII, R 11, C.P.C. by the same court

By filing such application defendant submits to jurisdiction of court and waives objections to that effect and therefore, cannot press upon an application under O. VII, R. 10, C.P.C. for return of plaint.

Dispute between the parties was whether after determination of pecuniary jurisdiction plaint was to be returned or rejected

Validity

Suit filed by plaintiff was barred by virtue of S. 7 of Sindh Civil Courts Ordinance, 1962, for want of pecuniary jurisdiction

Court was either supposed to reject the plaint for want of pecuniary jurisdiction or it was to be returned to plaintiff

Rule of propriety demanded that when there was a Court having jurisdiction to try the suit and plaint was wrongly filed in another Court, which had 'no jurisdiction' either on the ground of pecuniary value of the suit or territorial limits, to be tried by Court where it was filed, instead of rejecting the plaint, such Court should return the plaint to plaintiff for presentation before a Court having both pecuniary and territorial jurisdiction, as if the suit had never been instituted; it was not the case of propriety alone, rather it was necessary to return the plaint because even order of 'rejection of plaint' was a case of implied exercise of jurisdiction by the Court in a case where cognizance was expressly barred by S.7 of Sindh Civil Courts Ordinance, 1962

Division Bench of High Court returned the plaint and allowed plaintiff to present the same before Court of competent jurisdiction resultantly order passed by Single Judge of High Court was set aside

High Court appeal was allowed in circumstances.

Plaint in which there was a small point determinable by the civil court and major portion of cause of action or prayer was not within the jurisdiction of civil court, plaint could not be partially returned.