ORDER :

DEEPAK GUPTA, J.

According to us, there is an apparent conflict between the judgment in Oil and Natural Gas Corporation Ltd. v. Modern Construction & Company, (2014) 1 SCC 648 and Joginder Tuli v. S. L. Bhatia, (1997) 1 SCC 502 , which we feel should be resolved by a larger Bench.

2. The issue which needs to be resolved is “whether after a plaint is returned in terms of Order VII Rule 10 and Rule 10A, Code of Civil Procedure (CPC), should the trial in the Court where the plaint is now filed start de novo or from such stage at which the plaint was ordered to be returned?”

3. To appreciate the issue in hand, it would be necessary to give certain facts. The plaintiff (respondent herein) filed a civil suit at the Court at Gurgaon for recovery against the defendants (petitioners herein). On 26.08.2011, the defendant filed an application under Order VII Rule 10 CPC seeking return of the plaint for want of jurisdiction. It would be pertinent to mention that the ground taken was that the cause of action arose at Meerut and no cause of action arose at Gurgaon and further the defendants did not reside at Gurgaon. This application was contested and it was dismissed on 12.03.2015. The Cour