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2010 Supreme(Del) 282

VIKRAMAJIT SEN, MANMOHAN SINGH
Rohit Shekhar – Appellant
Versus
Narayan Dutt Tiwari – Respondent


Advocates Appeared
through Mr. P.S. Patwalia, Sr. Adv. with Mr. S. Santanam Swaminathan, Mr. Kirtiman Singh & Mr. Amandeep Singh, Advs.
through Mr. Rajiv Nayyar, Sr. Adv. with Mr. P.K. Bakshi, Mr. Jitender Ratta, Advs. for Respondent No.1 Mr. Gaurav Mitra & Mr. Dhruv Kapoor, Advs. for Respondent No.2

JUDGMENT

VIKRAMAJIT SEN, J.

1. This Appeal assails the Order dated 3.11.2009 passed by the learned Single Judge by means of which an application filed by Defendant No.1 under Order VII Rule 11 of the Code of Civil Procedure, 1908 („CPC? for short) came to be allowed. The learned Single Judge has held the Suit not to be maintainable at Delhi and secondly that it was liable to be rejected on the ground of limitation. By pronouncing on both pleas, with respect to the learned Single Judge, an anomalous situation has been brought into effect. Order VII Rule 11 of the CPC postulates circumstances in which a plaint can be rejected. Objections pertaining to territorial jurisdiction filed under the preceding Rule, that is, Order VII Rule 10 of the CPC requires the return of the plaint for the purpose of it being presented to the Court in which the suit should have been instituted. Rule 10(a) of Order VII of the CPC has been inserted into the CPC with effect from 1.2.1977 and endeavours to comprehensively cover cases where the plaint is returned to enable the Plaintiff to file it in the court which properly possesses jurisdiction to entertain and decide the disputes between the parties. I

















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