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Return Of Plaint Not Sole Remedy Where Court Lacks Pecuniary Jurisdiction; Suit Can Be Transferred U/S 24(5) CPC: Allahabad High Court
['Upasna Agrawal']
Supreme Court - High Court - Legal Breaking News | Live Law India
The Allahabad High Court has held that a suit instituted before a court lacking pecuniary jurisdiction can be transferred by the District Court to a competent court under Section 24(5) of the Code of Civil Procedure, 1908.
It held that return of the plaint under Order VII Rule 10 CPC is not the only course available once such a defect comes to light.It further held that the evidence...