Return of Plaint Archives

Pre-institution mediation under Section 12-A, Commercial Courts Act not mandatory when suit contemplates urgent interim relief: Madras High Court

“We cannot say that the interim relief sought for by the plaintiff is a camouflage to bypass the mandatory Pre-Institution Mediation procedure contemplated under Section 12-A, Commercial Courts Act, 2015.”

Case Briefs High Courts

Delhi HC rejects Sameer Wankhede’s defamation suit against Netflix web series Ba***ds of Bollywood for want of jurisdiction

“An unqualified application of Section 19… would defeat the object of the provision, and open the door to forum shopping, libel tourism, and luxury litigation.”

Case Briefs High Courts

Once plaint is returned for lack of pecuniary jurisdiction, suit proceeds de novo; Earlier pleadings and evidence are non est: J&K and Ladakh HC

“Once it is concluded that the initial proceedings were held before a court that lacked jurisdiction, the written statement and other evidence that may have been led by the parties before the said court become non-est in the eyes of law.”

Amendment and rejection of plaint to be considered simultaneously

Case Briefs High Courts

Application for amendment of plaint affecting Court’s jurisdiction and application for return of plaint to be considered simultaneously: Bombay HC

The petitioner contended that the suit did not fall within the pecuniary jurisdiction of the Court, so the respondent filed an amendment application to amend the valuation of the suit \to bring the suit within the jurisdiction of the Court.

Case Briefs High Courts

S. 24 CPC cannot be invoked for proceedings filed without jurisdiction, Order VII Rule 10 CPC has to be invoked: Bombay High Court

The Court held that when any Civil Court holds that it lacks jurisdiction over the subject matter of the suit or application, it had to pass order under Order VII Rule 10 of CPC for return of plaint, and procedure of transfer of proceeding under Section 24 of CPC could not be invoked.