Site navigation

A civil court proposes to return a plaint for lack of jurisdiction. The defendant has appeared, and the…

On a proper application under Order VII rule 10A(2) of the Code of Civil Procedure, the returning court must fix a date for the parties to appear in the court where the…

Choose your answer

A civil court proposes to return a plaint for lack of jurisdiction. The defendant has appeared, and the plaintiff makes a proper application under Order VII rule 10A(2) of the Code of Civil Procedure. What must the returning court do?

Select one answer
Answer and explanation

Correct answer B

On a proper application under Order VII rule 10A(2) of the Code of Civil Procedure, the returning court must fix a date for the parties to appear in the court where the plaint is proposed to be presented.

Under rule 10A(3), the returning court must also give notice of that date to the plaintiff and the defendant before returning the plaint.

Option feedback

Option A

Rule 10A(3) requires an appearance date and notice, rather than prescribing a separate period for presentation.

Option B

Fixing the date in the proposed receiving court and notifying both parties are the duties in rule 10A(3).

Option C

The court is required to fix an appearance date. The rule does not confer a choice of two types of deadline.

Option D

The rule requires an appearance date and notice. It does not require a separate presentation deadline as well.

Practice for these exams

Related exam syllabi

Related questions in this topic