Return of Plaint

📄 Short Notes on Return of Plaint in Civil Procedure Code & Limitation Act

1. Meaning of Return of Plaint

Return of Plaint refers to the process where the court returns the plaint to the plaintiff to be presented in the proper court, when it finds that it does not have jurisdiction to try the suit.

2. Relevant Provision in CPC

Order VII Rule 10 of the Civil Procedure Code, 1908 governs the return of plaint. It states that the court shall return the plaint at any stage if it finds that the suit should have been instituted in another court.

3. Procedure for Return of Plaint

• The court endorses the date of presentation and return on the plaint.
• The plaintiff can file it in the proper court without needing a fresh plaint.
• Under Order VII Rule 10A, the court may notify the plaintiff to appear before the proper court.

4. Difference between Return and Rejection of Plaint

• Return of plaint – plaint is sent back for lack of jurisdiction (Order VII Rule 10).
• Rejection of plaint – plaint is dismissed for defects like lack of cause of action (Order VII Rule 11).

5. Limitation Act, 1963 and Return of Plaint

When a plaint is returned and re-filed in the proper court, the Limitation Act protects the plaintiff:

• As per Section 14 of the Limitation Act, 1963, the time spent in prosecuting the case in the wrong court is excluded from the limitation period.

✅ Note:

Return of plaint is not a dismissal of the suit but a procedural correction. The plaintiff must act promptly and re-file in the correct court to avoid limitation issues.