LI Network
Published on: February 15, 2024 at 15:03 IST
The Karnataka High Court clarified that an application under Order 7 Rule 10 (Return of plaint) of the Civil Procedure Code (CPC) is permissible only for the plaintiff and not the defendant in a lawsuit.
Justice Suraj Govindaraj, presiding over a single judge bench, dismissed a plea put forth by Acharya Pathasala Educational Trust, emphasizing that “an application under Rule 10 of Order VII of the Code of Civil Procedure can be maintained only by the plaintiff and not by the defendant.”
The case arose from a suit filed by Rashmi Khatawakar and her husband Ramesh, seeking recovery of specific amounts.
They had applied under Order VII Rule 10 of the CPC to return the plaint, arguing that the court did not have jurisdiction over the matter due to the transaction occurring within the jurisdiction of the City of Bengaluru. However, their application was rejected.
The Court, while interpreting Order VII Rule 10 of the CPC, asserted that the defendant cannot initiate an application for the return of the plaint.
Instead, the defendant is entitled to raise the issue of lack of jurisdiction as a defense, which the court will consider based on the applicable law, including Section 20 of the Code of Civil Procedure.
This assessment can occur either after the trial or as a preliminary issue, as permissible under Sub-Rule (2) of Order 14 of the CPC.
Consequently, the court dismissed the petition, granting the petitioner the liberty to present the issue of lack of territorial jurisdiction as a preliminary matter in the ongoing lawsuit.