Supreme Court of India · 2020-08-05
M/S EXL CAREERS vs FRANKFINN AVIATION SERVICES PVT. LTD.
- Citation / case number
- SC 2018/23730
- Court
- Supreme Court of India
- Petitioner
- M/S EXL CAREERS
- Respondent
- FRANKFINN AVIATION SERVICES PVT. LTD.
- Author
- HON'BLE MR. JUSTICE NAVIN SINHA
- Bench
- HON'BLE MR. JUSTICE NAVIN SINHA HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
Judgment text excerpt
The Supreme Court addressed the conflict between two Division Bench decisions regarding the procedure following the return of a plaint under Order VII Rule 10 and 10A of the Code of Civil Procedure, 1908. The Court held that when a plaint is returned for presentation in the correct court, the suit shall continue from the stage it was at before the return, rather than proceeding de novo. This ruling clarifies the interpretation of jurisdictional issues in civil suits and affirms the High Court's decision that the suit should not restart from the beginning.