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Bare acts > Code of Civil Procedure, 1908 > Order 7 Rule 10
 
  


 

10. Return of plaint.- (1) 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.

Explanation: For the removal of doubts, it is hereby declared that a court of appeal or revision may direct, after setting aside the decree passed in a suit, the return of the plaint, under this sub-rule.

(2) Procedure on returning —On returning a plaint, the Judge shall endorse thereon the date of its presentation and return, the name of the party presenting it, and a brief statement of the reasons for returning it.

HIGH COURT AMENDMENT

Bombay.- In Order VII, Rule 10 for the existing sub-rule (1) and its marginal note substitute the following as sub-rule (1) and marginal note:

“10. Return of plaint.— (1) Subject to the provisions of Rule 10-A, 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. The plaintiff or his pleader shall be informed of the date fixed for the return of the plaint.” (1.10.1983).

 

 

 

 

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