CPC Order 7 Rule 10 returning of plaint
R.Manivasagan
(Querist) 26 November 2008
This query is : Resolved
Sir,
I had filed a suit for Partition and declaration at Munsif Court since the share value is below Rs.30000/-. the Defendants entered appearance filed their Written statement, Counter, Drafted Issues in the first hearing itself. Subsequently, we had filed an application to amend the Plaint to include an ancestral property worth about 5 lakhs and we had 1 lakhs as our share in that property. According to our proposed amendment, if that application will be allowed the value will exceeds 1 lakhs and the present Munsif Court has no jurisdiction. In my matter, without allowing the amendment application, the Munsif Court returned the Plaint and other marked documents to represent the same before the proper court.
our contention is
1. without allowing the amendment application the Sub judge Court has no jurisdiction to take the suit on file.
2.The Munsif Court must pass an order in the Amendment application.
3. If our application will be allowed, the Munsif court may frame an issue regarding the jurisdintion and after that only the plaint should be returned.
Please clarify whether we correct in our stand or not.
A. A. JOSE
(Expert) 27 November 2008
Return of plaint by the court under the provisions of order 7 rule 10 is absolutely tenable in the instant case please.
G. ARAVINTHAN
(Expert) 27 November 2008
Plaint may be rejected under the code.
anonymus
(Expert) 27 November 2008
u r right mr.manivasagam to certain extent. the munsif court must first allow the amendment petition and only then the question of pecuniary jurisdiction will come. The court after allowing the amendment and getting the APC,must send the case to the sub court or district court as the case may be, on point of pecuniary jurisdiction.
J K Agrawal
(Expert) 14 December 2008
I agree with mr Mehbub. the munsiff should first allow amendment. But it is not necessary to frame issue of valuation and decide it. Bcoz plaint itself ever that it value is high so as soon as the plaint is amended the court should simply return it.
