Suit is not in jurisdiction
sk..........
(Querist) 15 February 2014
This query is : Resolved
In civil suit plaintiff filed wrong plan and the suit is not in pecuniary jurisdiction when i.a file is dismissed now what is the solution.
R.K Nanda
(Expert) 15 February 2014
take help of lawyer for ur so many cases.
T. Kalaiselvan, Advocate
(Expert) 15 February 2014
Which IA was dismissed?, under which provisions of law was the IA filed? Who told that the suit is not falling within the pecuniary jurisdiction? Without certain basic details, it will be difficult to give an opinion.
R.V.RAO
(Expert) 16 February 2014
yes.answer sri kalaiselvan,s questions.
Dr. Jyothi Vishwanath
(Expert) 16 February 2014
If limitation period has not expired file fresh plaint. But one question needs to be answered that why court dismissed suit and not return plaintiffs for want of jurisdiction.
prabhakar singh
(Expert) 16 February 2014
Fresh suit lies under order 9 rule 4 only for that suit which was dismissed under order 9 rule 3 of cpc and a decree passed against due to his default only restoration orb appeal would lie as fresh suit is barred(order 9 r 9 cpc)
prabhakar singh
(Expert) 16 February 2014
This query does not speak facts and is misleading.
ajay sethi
(Expert) 16 February 2014
answer queries raised by experts
Rajendra K Goyal
(Expert) 16 February 2014
Answer the query raised by the experts or contact your lawyer and show him all the documents.
V R SHROFF
(Expert) 16 February 2014
If ia for jurisdiction is rejected, you may appeal against that order, this being preliminary issue, and in case Court pass Jdg/ order, it is void for want of jurisdiction.
Ask ur Adv to go thru citations/ authorities, that are similar with the fact of ur case..
Devajyoti Barman
(Expert) 16 February 2014
Yes, had the plaint been returned the filing of fresh case is permissible.