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Renganatha Iyengar Vs. Sundararaja Iyengar and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in126Ind.Cas.111
AppellantRenganatha Iyengar
RespondentSundararaja Iyengar and ors.
Cases ReferredKannuswami Pillai v. Jagathambal
Excerpt:
civil procedure code (act v of 1908), order vii rule 11 - suit beyond jurisdiction of court--procedure to be followed--rejection of plaint, legality of. - .....l.w. 145 : (1918) m.w.n. 497 : 24 m.l.t. 46 which, in my opinion, accords with the plain reading of the statute. if a court finds a suit beyond its jurisdiction it cannot do more than order it to be presented in the proper court. the district munsif in this case had no jurisdiction, to reject the plaint, and i cancel the order. he is directed to return the plaint.3. the petition is allowed with costs.
Judgment:

Jackson, J.

1. In this case the District Munsif of Devakottah found that the petitioner's suit on re-valuation was beyond his jurisdiction. He ordered him to pay the deficient Court-fee within 15days and when that was not done he rejected the plaint under Order VII, Rule II, Civil Procedure Code.

2. There is come divergence of opinion as to what is the proper course in these circumstances but the only case in the authorised reports is Kannuswami Pillai v. Jagathambal 46 Ind. Cas. 265 : 41 M. 701 : 35 M.L.J. 27 : 8 L.W. 145 : (1918) M.W.N. 497 : 24 M.L.T. 46 which, in my opinion, accords with the plain reading of the Statute. If a Court finds a suit beyond its jurisdiction it cannot do more than order it to be presented in the proper Court. The District Munsif in this case had no jurisdiction, to reject the plaint, and I cancel the order. He is directed to return the plaint.

3. The petition is allowed with costs.


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