Supreme Court · 2020 INSC 477 · Decided 5 August 2020

M/S Exl Careers and Another v. Frankfinn Aviation Services Private Limited

Court
Supreme Court of India
Citation
2020 INSC 477 · [2020] 6 S.C.R. 289
Case number
CIVIL APPEAL No. 2904/2020
Decided
5 August 2020
Bench
R.F. NARIMAN, NAVIN SINHA, INDIRA BANERJEE (3-judge bench)
Outcome
Disposed off
Case type
Civil
Acts & sections cited
CPC Section 25(3); Constitution Article 136, 142

Headnote

Code of Civil Procedure, 1908: Order VII Rules 10 and 10A - Return of the Plaint - To be presented in the Court having appropriate jurisdiction - Whether the suit to proceed de novo or to continue from the stage where it was pending at the time of return of the plaint suit is returned to be presented in the Court of appropriate jurisdiction, the suit shall proceed de novo. Constitution of India: Arts. 136 and 142 - Suit for recovery - Territorial jurisdiction questioned - Objection rejected - Later territorial jurisdiction objected to

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