About partition suit.

Querist : Anonymous (Querist) 11 December 2011 This query is : Resolved
i file a partition suit, at the stage of argument of stay application, question aries for pecunary jurisdiction, now the civil court junior division ask me for back my plaint cpc o 7 r 10, but i have option for it to approach dist court u/s cpc sec 24 [5] and transfer it to proper court, b.coz both court is in under of same district and same district judge? which option is reliable for me, in this situtation? o 7 r10 or cpc 24 [5]

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Devajyoti Barman (Expert) 11 December 2011
Under order 10 rule 2 od cpc, the court in seisin of the case can directly send return the plaint so you file in the transferee court directly.

Raj Kumar Makkad (Expert) 11 December 2011
If court has directed you to move ahead instead of directly sending the file to district judge then you can avail order 24 rule 5 of cpc.

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