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TUSHAR RAO GEDELA
Jai Prakash Dwivedi – Appellant
Versus
Hirise Facility Management Pvt. Ltd. – Respondent
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
1. The petitioner is aggrieved by the order dated 17.11.2022 in CS (COMM) 637/2022 titled "Jai Prakash Dwivedi vs. Hirise Facility Management Ltd. & Ors.," whereby the learned Trial Court had directed the return of the plaint under Order VII Rule 10 CPC to be presented before the Court of competent jurisdiction on the ground that there was no territorial jurisdiction available with it.
2. Ms. Mansi Bajaj, learned counsel for the petitioner submits that though the petitioner is not challenging the return of the plaint, however, is aggrieved by the cost of Rs.50,000/- that was imposed by the learned Trial Court, simultaneously while returning the plaint to be presented before the Court of competent jurisdiction.
3. Ms. Bajaj submits that the suit was withdrawn voluntarily by the petitioner to be presented before the Court of competent jurisdiction and imposing of such cost is not only harsh but also onerous on the petitioner.
4. Ms. Bajaj also submits that imposition of such cost may be not appropriate in the fact and circumstances of the case inasmuch as the petitioner/plaintiff had been
Imposing a cost as a penalty for a genuine mistake in pursuing remedies in a particular court on the assumption of proper territorial jurisdiction is unsustainable in law.
The Court emphasized the necessity of filing cases in the appropriate jurisdiction, highlighting procedural delays should not hinder access to justice.
Point of law: As per sub-Rule(2) to Rule 10 of Order VII of CPC on returning of a counter claim (plaint), the judge shall endorse thereon the date of its presentation and return, the name of the part....
The main legal point established is that in cases of lack of territorial jurisdiction, the proper remedy is to return the plaint to the plaintiff for presentation before the appropriate court with te....
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.
Under-valuation of the suit and entitlement to claim interest
Territorial jurisdiction is determined by the place where the order is made and where the consequences fall on the person concerned. Forum conveniences should be considered, especially for retired em....
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