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SURAJ GOVINDARAJ
Acharya Pathasala Education Trust – Appellant
Versus
Rashmi – Respondent
ORDER :
(Suraj Govindaraj, J.)
Notice to respondents is dispensed with in view of the proposed order to be passed.
2. Petitioner is before this Court seeking for the following reliefs:
b. Allow I.A.No.1 filed by the Petitioner under Order VII Rule 10 read with Section 151 CPC for return of the plaint at Annexure L.
c. Pass such other order/orders and issue such other necessary direction/directions as this Hon'ble Court may deem fit to grant in the circumstances of the above case in the interest of justice.
3. The respondents had filed a suit in Comm.O.S.No.69/2022, before the Principal District and Sessions Judge, Dharwad, for recovery of certain amounts of money. In the said suit, the petitioner, who is the defendant therein, had filed an application under Order VII Rule 10 of the Code of Civil Procedure, to return the plaint on the ground that the said Court does not have jurisdiction to try the matter; the transaction having occurred within the jurisdiction of the City of Bengaluru, it is only the Court at Bengaluru,
Only the plaintiff can file for the return of the plaint under Order VII Rule 10 of the CPC; the defendant may raise jurisdictional issues as a defense but cannot seek return.
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.
The valuation of a suit is determined by the nature of the relief claimed, not solely by the market value of the property involved.
A lawful transfer of a suit from a court lacking jurisdiction to a competent court can cure jurisdictional defects without necessitating the return of the plaint, provided no prejudice is demonstrate....
At the stage of deciding an application under Order 7 Rule 10 CPC, the Court is only required to go through the contents of the plaint to determine territorial jurisdiction.
The central legal point established in the judgment is that the territorial jurisdiction of a court to entertain a suit for immovable property is determined by the location of the property as per Sec....
A court without jurisdiction cannot permit withdrawal of a suit under Order 23 Rule 1 of the Code of Civil Procedure; such withdrawal must be regarded as an order returning of plaint under Order 7 Ru....
The Court emphasized the necessity of filing cases in the appropriate jurisdiction, highlighting procedural delays should not hinder access to justice.
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