Is an order returning a plaint to be presented to the proper court a decree?

Question: Is an order returning a plaint to be presented to the proper court a decree?

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Answer

According to Rule 10 (1), Order VII of CPC, where at any stage of the suit, the court finds that it has no jurisdiction, either territorial or pecuniary or with regard to the subject matter of the suit, it will return the plaint to be presented to the proper court in which the suit ought to have been filed. 

An order returning a plaint to the proper court is not a decree. The reason behind it is that such an order does not negate any rights of the plaintiff and is not a decision on the rights of parties.

In the case of Prabhakar Bhat v. Vishwambhar Pandit, reported in I.L.R. 1884 Vol. III, p. 313, The Full Bench in the said case had dealt with the issue of return of the plaint under Section 57 of the old Code (1882) and rejection of the plaint under Section 53 of the old Code of 1882.

The Sections are more or less identical to Rule 10 and Rule 11 of Order VII of the Civil Procedure Code (Amended) in 2002. The Full Bench has taken a view that-

“It is the long-established practice of this Court as to the return of the plaints was not opposed to the earlier law and that it has at least indirectly been confirmed by the present law. High Courts from time to time their inception have been to return or direct return of the plaint in ordinary cases when the courts of trial either an original suit or at appeal.”

 In Hanamanthappa & Anr. v. Chandrashekharappa & Ors., AIR 1997 SC 1307, the apex court held:

“In substance, it is a suit filed afresh subject to the limitation, pecuniary jurisdiction and payment of the Court fee. …. At best it can be treated to be a fresh plaint and the matter can be proceeded with according to law.”

Thus, it is clear that an order returning a plaint to be presented to the proper court is not a decree.

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