GO NEELAHRAM Vs. K SIVARAMAN ALWA

JUDGEMENT

(1.) The Appellant/Plaintiff has preferred the instant Original Side Appeal (as an affected person) as against the Judgment dated 31.01.2014 in C.S.No.857 of 2009 passed by the Learned Single Judge in dismissing the Civil Suit.

(2.) The Learned Senior Counsel for the Appellant/Plaintiff submits that the Learned Single Judge in the main suit in C.S.No.857 of 2009 for the Issue No.1 viz., Whether this Court has territorial jurisdiction for deciding and trying the suit?, at para 10 of the Judgment had observed the following:

(3.) The Learned Senior Counsel for the Appellant refers to Order VII Rule 10 of the Civil Procedure Code and contends that as per Order VII Rule 10(1) under the caption 'Return of Plaint', subject to the provisions of rule 10A, the Plaint shall at any stage of the suit be returned to be presented to the Court in which the suit should have been instituted. Furthermore, as per explanation to Order VII Rule 10(1) C.P.C. a Court of Appeal or Revision may direct, after setting aside the decree passed in a suit, the return of the Plaint under the sub-rule. In fact, Order VII Rule 10(2) C.P.C., enjoins 'Procedure on returning Plaint'.