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G.T.NANAVATI, K.RAMASWAMY
Hanamanthappa – Appellant
Versus
Chandrashekharappa – Respondent
No, this is not supported by the document.
The document states that a suit represented before a court with territorial jurisdiction after return of the plaint under Order VII Rule 10 CPC is, in substance, a suit filed afresh and is subject to limitation, pecuniary jurisdiction, and payment of court fee.[Important Point][1000017210002] (!) [1000017210001]
It emphasizes that such a represented suit cannot be dismissed merely because the plaintiff added averments absent from the original plaint, and amendment under Order VI Rule 17 CPC is not required; at best, it is treated as a fresh plaint.[1000017210002]
ORDER
This Special Leave Petition arises from the judgment of the Karnataka High Court, made in C.R.P. No. 1650/96 on July 9, 1996.
2. Admittedly, the respondents filed O.S. No. 158/94 in the Court of District Munsiff, Navalagund. On grounds of lack of territorial jurisdiction the plaint was returned for presentation to the proper court. Accordingly, after making necessary amendment to the plaint the respondents represented the suit, which came to be numbered as O.S. No. 10/91, in Civil Court at Dharwad. The petitioners filed an application under Order VII, Rule 10, CPC for dismissal of the petition on the ground that the plaint was materially altered, without seeking permission for amendment of the plaint as required under Order VI Rule 17, CPC. The High Court dismissed the petition.
3. It is contended by Shri Kulkarni, learned counsel for the petitioners, that since the petition had been filed with amended averments in the plaint, necessarily it must be treated to be a fresh plaint and not one after representation to the proper court. We find no force in the contention. The object of Order VII, Rule 10-A is that the plaintiff, on return of the plaint, can either challenge in an appe
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