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    A Court can return the plaint for presentation to the Court in which the suit should have been instituted:
    Question

    A Court can return the plaint for presentation to the Court in which the suit should have been instituted:

    A.

    At the time of institution of the suit.

    B.

    Before framing of issues.

    C.

    Before the trial begins.

    D.

    At any stage of the suit.

    Correct option is D

    Order VII Rule 10 of the Code of Civil Procedure, 1908 (CPC) states that a court can return the plaint to the plaintiff for presentation in the appropriate court if it lacks jurisdiction. This can happen at any stage of the suit, ensuring the case is heard by the correct court. The return of the plaint is not limited to early stages like the institution of the suit or framing of issues; it can happen even during or after the trial begins.

    Information Booster:

    Order VII Rule 10 CPC allows a court to return the plaint when it finds it lacks jurisdiction, whether territorial, pecuniary, or subject-matter, at any stage of the suit. The plaintiff must then file the case in the correct court.

    Additional Knowledge:

    (a) At the time of institution: Jurisdiction issues may be noticed at this stage, but it is not the only point the plaint can be returned.

    (b) Before framing of issues: The plaint may be returned before this, but it's not restricted to this stage.

    (c) Before the trial begins: While the plaint can be returned before the trial, this is not the only opportunity.

    (d) At any stage of the suit: Correct, as the court can return the plaint whenever it identifies lack of jurisdiction, even during the trial.

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