Supreme Court of India

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.
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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

  1. 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.

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Citation

Exl Careers v Frankfinn Aviation Services Pvt Ltd AIR 2020 SC 3670; Civil Appeal No. 2904 of 2020

Reported: https://indiankanoon.org/doc/90574527/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.