Question: Is an order returning a plaint to be presented to the proper court a decree? Find the answer to the mains question only on Legal Bites. [Is an order returning a plaint to be presented to the proper court a decree?] Answer No, it is not a decree.  An order returning a plaint to the proper court… Read More »

Question: Is an order returning a plaint to be presented to the proper court a decree? Find the answer to the mains question only on Legal Bites. [Is an order returning a plaint to be presented to the proper court a decree?] Answer No, it is not a decree. An order returning a plaint to the proper court is not a decree. The reason behind it is that such an order does not negate any rights of the plaintiff and is not a decision on the rights of parties. In the case of Prabhakar Bhat...

Question: Is an order returning a plaint to be presented to the proper court a decree?

Find the answer to the mains question only on Legal Bites. [Is an order returning a plaint to be presented to the proper court a decree?]

Answer

No, it is not a decree. An order returning a plaint to the proper court is not a decree. The reason behind it is that such an order does not negate any rights of the plaintiff and is not a decision on the rights of parties.

In the case of Prabhakar Bhat v. Vishwambhar Pandit, reported in I.L.R. 1884 Vol. III, p. 313, The Full Bench in the said case had dealt with the issue of return of the plaint under Section 57 of the old Code (1882) and rejection of the plaint under Section 53 of the old Code of 1882.

The Sections are more or less identical to Rule 10 and Rule 11 of Order VII of the Civil Procedure Code (Amended) in 2002. The Full Bench has taken a view that-

“It is the long-established practice of this Court as to the return of the plaints was not opposed to the earlier law and that it has at least indirectly been confirmed by the present law. High Courts from time to time their inception have been to return or direct return of the plaint in ordinary cases when the courts of trial either an original suit or at appeal.”

Thus, it is clear that an order returning a plaint to be presented to the proper court is not a decree.


Important Mains Questions Series for Judiciary, APO & University Exams

  1. CPC Mains Questions Series: Important Questions Part – I of X
  2. CPC Mains Questions Series: Important Questions Part – II of X
  3. CPC Mains Questions Series: Important Questions Part – III of X
  4. CPC Mains Questions Series: Important Questions Part – IV of X
  5. CPC Mains Questions Series: Important Questions Part – V of X
  6. CPC Mains Questions Series: Important Questions Part – VI of X
  7. CPC Mains Questions Series: Important Questions Part – VII of X
  8. CPC Mains Questions Series: Important Questions Part – VIII of X
  9. CPC Mains Questions Series: Important Questions Part – IX of X
  10. CPC Mains Questions Series: Important Questions Part – X of X
Updated On 2021-11-16T06:50:30+05:30
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