The Karnataka High Court has made it clear that an application under Order 7 Rule 10 (Return of plaint) of the Civil Procedure Code (CPC) can be maintained only by the plaintiff and not by the.
The Bombay High Court recently held that no appeal is maintainable under the Commercial Courts Act, 2015 against an order of the court dismissing the defendant s application for rejecting or returning.
The Bombay High Court recently held that the trial court cannot return a plaint merely on the ground that the defendant s suit is pending in another court and it would be desirable to try both suits.
Justice CS Dias held that the course of action adopted by the petitioner in filing an application for a refund of court fees without appealing the decree itself was untenable and impermissible in law.