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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Order VII: Plaint

Order VII Rule 10 CPC: Return of plaint

Bare Act text

10. Return of plaint.—(1) [ Subject to the provisions of rule 10A, the plaint shall] at any stage of the suit be returned to be presented to the Court in which the suit should have been instituted.

[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.

Amendment notes

  1. This rule has been applied to suits for the recovery of rent under the Chota Nagpur Tenancy Act, 1908 (Ben. 6 of 1908) s. 265.
  2. Subs. by Act 104 of 1976, s. 57, for certain words (w.e.f. 1-2-1977).
  3. Ins. by Act 104 of 1976, s. 57. (w.e.f. 1-2-1977).

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

Subject to rule 10A, the plaint may be returned at any stage of the suit to be presented to the Court in which the suit should have been instituted. An appellate or revisional Court may direct return of the plaint after setting aside a decree. On returning it, the Judge must endorse the dates of presentation and return, the presenting party's name and a brief statement of the reasons.

Order VII: Plaint

  1. 1 Particulars to be contained in plaint
  2. 2 In money suits
  3. 3 Where the subject-matter of the suit is immovable property
  4. 4 When plaintiff sues as representative
  5. 5 Defendant’s interest and liability to be shown
  6. 6 Grounds of exemption from limitation law
  7. 7 Relief to be specifically stated
  8. 8 Relief founded on separate grounds
  9. 9 Procedure on admitting plaint
  10. 10 Return of plaint
  11. 10A Power of Court to fix a date of appearance in the Court where plaint is to be filed after its return
  12. 10B Power of appellate Court to transfer suit to the proper Court
  13. 11 Rejection of plaint
  14. 12 Procedure on rejecting plaint
  15. 13 Where rejection of plaint does not preclude presentation of fresh plaint
  16. 14 Production of document on which plaintiff sues or relies
  17. 15 Statement in case of documents not in plaintiff’s possession or powers (Omitted)
  18. 16 Suits on lost negotiable instruments
  19. 17 Production of shop-book
  20. 18 Inadmissibility of document not produced when plaint filed (Omitted)
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