IMPORTANT POINT
Defendants have the right to file for return of plaint under Order VII Rule 10 of CPC, challenging jurisdiction based on the plaint's content.

ORDER :

1. Aggrieved by the order dated 16.02.2024 passed on I.A. No. 9 by the LXXXIX Additional City Civil and Sessions Judge, Bengaluru in Commercial O.S. No. 780/2022, the defendant therein has preferred this writ petition.

2. The respondent is the plaintiff and the petitioner is the defendant in Commercial O.S. No. 780/2022. The respondent has filed Commercial O.S. No. 780/2022 on the ground that the petitioner approached the respondent for supply of SOYA DOC to the defendant. That respondent has been supplying the said material on a regular basis. That the petitioner committed default in payment of Rs.9,55,912/-. Hence, Commercial O.S. No. 780/2022 is filed with a prayer to recover the said amount along with interest thereon.

3. The plaint reveals that the address of the petitioner, who is the defendant before the trial Court is at Salem. The address of the respondent, who is the plaintiff is at Bengaluru. The pleadings in the plaint does not reveal where the transaction took place and where the petitioner was required to pay the money to the respondent.

4. As per Section 20 of the Civil Procedure Code, 1908, (CPC) the Courts situated at the place where defendant resides or where the cause of action either in full or part had arisen will have the jurisdiction to try the suit. A bare reading of the plaint does not reveal as to where the cause of action arose in the instant case. Hence, the petitioner herein, who is the defendant, filed an application under Order VII Rule 10 of CPC with a prayer to return the plaint to be presented before the appropriate Court. The trial Court on the ground that the said application can be made only by the plaintiff and not by the defendant and also on the ground that the transaction reveals that the cause of action has arisen at Bengaluru as the defendant was required to make payment to the Bank of plaintiff at HDFC, M.G. Road, Bengaluru, has dismissed the application. Aggrieved by the same, the present writ petition is filed.

5. The case of the petitioner is that even defendant is entitled to make necessary application under Order VII Rule 10 of CPC and the trial Court is required to consider the pleadings made in the plaint to determine whether it reveals where the cause of action arose and in the instant case, the plaint does not reveal the place where the cause of action arose and hence, the trial Court ought to have returned back the plaint to be presented before the appropriate Court.

6. Per contra, learned counsel for the respondent relies upon the decision of this Court in W.P. No. 100173/2024 and submits that defendant is not entitled to make an application under Order VII Rule 10 of CPC. He further submits that reading of the plaint document along with the plaint does reveal the cause of action arose in Bengaluru.

7. The questions that arise for consideration in the instant writ petition are:

(i) Whether only plaintiff is entitled to make an application under Order VII Rule 10 of CPC or can defendant also maintain an application under Order VII Rule 10 of CPC.

(ii) Whether the plaint reveals that the cause of action or a part of it arose in Bengaluru.

8. Order VII Rue 10 of CPC reads as under:

“10. Return of plaint:

(1) Subject to the provisions of rule 10A, the plaint shall at any stage of the suit be returned to be presented to the Court in which the suit should have been instituted.

Explanation - For the removal of doubts, it is hereby declared that a Court of appeal or revision may direct, after setting aside the decree passed in a suit, the return of the plaint under this sub-rule.

(2) Procedure on returning plaint - On returning a plaint, the Judge shall endorse thereon the date of its presentation and return, the name of the party presenting it, and a brief statement of the reasons for returning it.”

9. This Court while examining the aforementioned provision in W.P. No. 100173/2024 which is decided on 22.01.2024 in paragraph Nos. 6 and 7 has held as under:

“6. A perusal of the said provis