ONGC LTD v. M/S. MODERN CONSTRUCTION AND CO
Case at a glance
Provisions considered
- Code of Civil Procedure, 1908 O. VII r. 10; ss. 24, 152
- Limitation Act, 1963 s. 14
Judgment
HELD: 1. If the court, where the suit is instituted, is of the view that it has no jurisdiction, the plaint is to be returned in view of the provisions of Order VII Rule 10 CPC and the plaintiff can present it before the court having competent jurisdiction. In such a factual matrix, the E plaintiff is entitled to exclude the period during which he prosecuted the case before the court having no jurisdiction in view of the provisions of Section 14 of the Limitation Act, and may also seek adjustment of court fee paid in that court. However, after presentation before the court of competent jurisdiction, the plaint is to be considered as a fresh plaint and the trial is to be conducted de novo, even if it stood concluded before the court having no competence to try the same. [Para 13] [476-E-G] F G
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.