What Is a Plaint?
A plaint is the written complaint or statement filed by the plaintiff to initiate a civil suit. It sets out the cause of action, facts, and relief claimed.
But not every plaint can be entertained by the court where it is filed. If a court finds it lacks jurisdiction, the plaint is returned.
Legal Provision: Order VII Rule 10 CPC
“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.”
This means the court does not reject the case, but returns it to be filed in the proper court.
Grounds for Return of Plaint
A plaint can be returned if:
| Reason | Explanation |
|---|---|
| Lack of territorial jurisdiction | Suit filed in a court outside the proper geographic area |
| Lack of pecuniary jurisdiction | Claim value exceeds or falls below the court’s limit |
| Lack of subject-matter jurisdiction | Court not empowered to deal with that type of case |
Procedure for Return of Plaint
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The judge passes an order returning the plaint.
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A memo of reasons is attached.
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The plaintiff can then file it in the proper court, using the same plaint.
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Under Order VII Rule 10A, the court must notify the plaintiff and fix a time for appearance in the correct court.
Difference Between Return and Rejection of Plaint
| Feature | Return of Plaint (O7 R10) | Rejection of Plaint (O7 R11) |
|---|---|---|
| Meaning | Plaint is sent to proper court | Plaint is completely dismissed |
| Effect | Case can be continued in right court | Case must be refiled entirely if allowed |
| Ground | Jurisdictional defect | Legal defects in the plaint (no cause of action, etc.) |
| Scope for Reuse | Yes, same plaint reused | No, fresh plaint required |
Conclusion
The return of plaint protects both parties and the court by ensuring that cases are tried in the correct forum. It does not defeat the suit but simply redirects it to the appropriate court—ensuring fair trial and jurisdictional compliance.