Rule 10A of CPC : Rule 10A: Power of Court to fix a date of appearance in the Court where plaint is to be filed after its return.

Explanation using Example

Example 1:

Scenario: Rajesh files a civil suit in the District Court of Mumbai against his neighbor, Suresh, for encroachment on his property. After Suresh appears in court, the judge realizes that the case should have been filed in the District Court of Thane, as the property in question is located there.

Application of Rule 10A:

1. The judge informs Rajesh that the plaint (the written statement of his case) will be returned because the Mumbai court does not have jurisdiction.
2. Rajesh then submits an application to the Mumbai court specifying that he will present the plaint in the Thane court and requests the Mumbai court to fix a date for the appearance of both parties in the Thane court.
3. The Mumbai court fixes a date for the appearance of Rajesh and Suresh in the Thane court and notifies both parties of this date.
4. On the fixed date, Rajesh presents the plaint in the Thane court. Since the Thane court has already been notified of the appearance date, it does not need to issue a new summons to Suresh unless it decides otherwise for specific reasons.

Example 2:

Scenario: Priya files a lawsuit in the Civil Court of Delhi against a company for breach of contract. The company appears in court, but the ju...

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