[O.7 R.10 CPC] Defendant In A Suit Cannot File An Application For Return Of Plaint Due To Lack Of Territorial Jurisdiction: Karnataka High Court

The Karnataka High Court has made it clear that an application under Order 7 Rule 10 (Return of plaint) of the Civil Procedure Code (CPC) can be maintained only by the plaintiff and not by the defendant in a suit.

A single judge bench of Justice Suraj Govindaraj dismissed a plea by Acharya Pathasala Educational Trust by holding 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 respondents Rashmi Khatawakar and her husband Ramesh had filed a suit for recovery of certain amounts of money, in which they had applied under Order VII Rule 10 of the Code of Civil Procedure, to return the plaint on the ground that the said Court did not have jurisdiction to try the matter.

It was submitted that the transaction having occurred within the jurisdiction of the City of Bengaluru, it is only the Court at Bengaluru, which had the jurisdiction. The said application was however rejected.

While referring to Order VII Rule 10 of the CPC, the court said that such an application for return of plaint cannot be made by the defendant.

It held that the defendant would be entitled to take a defence as regards lack of jurisdiction, which would have to be considered by the Court on merits in terms of the applicable law including Section 20 of the Code of Civil Procedure, either after the trial or as a preliminary issue which can so permissible under Sub-Rule(2) of Order 14 of the CPC.

Accordingly, the Court dismissed the petition and granted liberty to the petitioner to frame the issue regarding lack of territorial jurisdiction as a preliminary issue in the suit.

Appearance: Advocate Shivasai M. Patil for Petitioner.

Citation No: 2024 LiveLaw (Kar) 76

Case Title: Acharya Pathasala Educational Trust AND Rashmi Khatawakar & ANR

Case No: Writ Petition No 100173 OF 2024

Click Here To Read/Download Order