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The Code of Civil Procedure, 1908: page 103

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 103, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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         1
       [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 plaint.—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.
     1
     [10A. Power of Court to fix a date of appearance in the Court where plaint is to be filed
 after its return.—(1) Where, in any suit, after the defendant has appeared, the Court is of opinion
 that the plaint should be returned, it shall, before doing so, intimate its decision to the plaintiff.]
    (2) Where an intimation is given to the plaintiff under sub-rule (1), the plaintiff may make an
application to the Court—
               (a) specifying the Court in which he proposes to present the plaint after its return,
               (b) praying that the Court may fix a date for the appearance of the parties in the said Court,
         and
               (c) requesting that the notice of the date so fixed may be given to him and to the defendant.
                                                                         e
    (3) Where an application is made by the plaintiff under sub-rule (2), the Court shall, before
                                                                   od
returning the plaint and notwithstanding that the order for return of plaint was made by it on the
ground that it has no jurisdiction to try the suit,—
                                                             aC
         (a) fix a date for the appearance of the parties in the Court in which the plaint is proposed to
     be presented, and
                                                         di
             (b) give to the plaintiff and to the defendant notice of such date for appearance.
                                                        In
     (4) Where the notice of the date for appearance is given under sub-rule (3),—
         (a) it shall not be necessary for the Court in which the plaint is presented after its return, to
     serve the defendant with a summons for appearance in the suit, unless that Court, for reasons to be
     recorded, otherwise directs, and
         (b) the said notice shall be deemed to be a summons for the appearance of the defendant in the
     Court in which the plaint is presented on the date so fixed by the Court by which the plaint was
     returned.
    (5) Where the application made by the plaintiff under sub-rule (2) is allowed by the Court, the
plaintiff shall not be entitled to appeal against the order returning the plaint.
       10B. Power of appellate Court to transfer suit to the proper Court.—(1) Where, on an appeal
 against an order for the return of plaint, the Court hearing the appeal confirms such order, the Court of
 appeal may, if the plaintiff by an application so desires, while returning the plaint, direct plaintiff to
 file the plaint, subject to the provisions of the Limitation Act, 1963 (36 of 1963), in the Court in which
 the suit should have been instituted, (whether such Court is within or without the State in which the
 Court hearing the appeal is situated), and fix a date for the appearance of the parties in the Court in
 which the plaint is directed to be filed and when the date is so fixed it shall not be necessary for the
 Court in which the plaint is filed to serve the defendant with the summons for appearance in the suit,
 unless that Court in which the plaint is filed, for reasons to be recorded, otherwise directs.
    (2) The direction made by the Court under sub-rule (1) shall be without any prejudice to the rights of
the parties to question the jurisdiction of the Court, in which the plaint is filed, to try the suit.]
     11. Rejection of plaint.—The plaint shall be rejected in the following cases:—
             (a) where it does not disclose a cause of action;


1. Ins. by Act 104 of 1976, s. 57. (w.e.f. 1-2-1977).

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