Procedure on returning plaint. of CPC : Procedure on returning plaint.
CPC
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Explanation using Example
Example 1:
Scenario: Ramesh files a civil suit in the District Court of Mumbai against his neighbor for encroaching on his property. However, the court finds that the property in question is actually located in Pune, and thus, the Mumbai court does not have jurisdiction over the matter.
Application of the Act:
- The Judge examines the plaint and determines that it should be returned to Ramesh because the court lacks jurisdiction.
- The Judge endorses the plaint with the date it was originally presented (e.g., 1st September 2023) and the date it is being returned (e.g., 10th September 2023).
- The Judge also notes Ramesh's name as the party who presented the plaint.
- A brie...
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