Exl Careers v Frankfinn Aviation Services Pvt Ltd
AIR 2020 SC 3670; Civil Appeal No. 2904 of 202020201 min read
The case in brief30-second read
- Facts
- A suit was filed in a court that lacked territorial jurisdiction. The plaint was returned under O.VII R.10 for presentation in the proper court.
- Issue
- Whether, after return under O.VII R.10 and R.10A, the suit continues from the stage it had reached or begins afresh in the new court.
- Held
- Once a plaint is returned and presented in the proper court, it is a fresh institution of the suit and must be tried de novo. R.10A is only a procedural convenience to avoid fresh service of summons; it does not make the suit a continuation.
- Principle
- A returned plaint presented in the proper court starts a fresh suit, tried from the beginning.
Facts
- A suit was filed in a court that lacked territorial jurisdiction. The plaint was returned under O.VII R.10 for presentation in the proper court.
Issue
- Whether, after return under O.VII R.10 and R.10A, the suit continues from the stage it had reached or begins afresh in the new court.
Held
- Once a plaint is returned and presented in the proper court, it is a fresh institution of the suit and must be tried de novo. R.10A is only a procedural convenience to avoid fresh service of summons; it does not make the suit a continuation.
Cite this
Citation
Exl Careers v Frankfinn Aviation Services Pvt Ltd AIR 2020 SC 3670; Civil Appeal No. 2904 of 2020Reported: https://indiankanoon.org/doc/90574527/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.