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1977 Supreme(Ker) 97

K.K.NARENDRAN
KUTTIKKADAN ENGINEERING COMPANY – Appellant
Versus
HINDUSTAN STEEL LTD. – Respondent


Judgment :-

1. The question that arises for consideration in this case relates to the representation of a plaint returned by a court to be presented to the court in which the suit should have been instituted, to the very same court which returned the plaint. After making necessary amendments in the plaint to attract the territorial jurisdiction of the court which returned the plaint, the same plaint was represented to the court which returned the plaint by the plaintiff without paying fresh court-fee. The court rejected the plaint saying: "Since there is already a finding that this court has no jurisdiction to try the suit it will not be open to the plaintiff to re-present the plaint in the same court. There is no change of circumstance as far as the territorial jurisdiction of the court is concerned."

In this Civil Revision Petition the plaintiff challenges the above order of the court below rejecting his plaint.

2. Shri T. L. Viswanatha Iyer, learned counsel for the petitioner, contends that the court below went wrong in rejecting the plaint on the ground that there is already a finding regarding the question of jurisdiction in the order returning the plaint. According to the learn











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