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Return of Plaint (Order VII Rule 10 CPC)

Civil Procedure & Litigation Mechanics

Definition

A formal direction of a civil court ordering that a plaint be returned to the plaintiff to be presented before the correct court, passed when the court discovers that it lacks territorial, pecuniary, or subject-matter jurisdiction to try the suit.

Example

A commercial suit valued at ₹2 crore is mistakenly instituted before a Civil Judge Junior Division whose pecuniary ceiling is ₹10 lakh; the judge passes an order under Order VII Rule 10 CPC returning the plaint with an endorsement of the presentation and return dates.