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by Admin
19 December 2025 4:21 PM
“A civil court that lacks jurisdiction cannot decide any issue on merits — the suit must be returned under Order 7 Rule 10 CPC”, In a judgment Allahabad High Court decisively settled a long-standing conflict in procedural law by declaring that once a court finds it has no jurisdiction, it must return the plaint to the competent court rather than dismissing the suit outright. The ruling overrules the applicability of the 1930 Full Bench decision in Mst. Ananti v. Chhannu [(AIR 1930 All 193)] in light of authoritative Supreme Court rulings and subsequent amendments to the CPC.
A Clarification Long Overdue on Return vs. Dismissal of Plaint
The High Court's judgment, authored by Justice Saurabh Shyam Shamshery, revisits a legal question lingering in procedural jurisprudence for decades: When a court finds it has no jurisdiction, should it dismiss the suit or return the plaint under Order VII Rule 10 CPC?
While the Full Bench decision in Mst. Ananti had held that a suit wrongly filed in a civil court should be dismissed, later rulings, most significantly the Supreme Court's decision in Athmanathaswami Devasthanam v. K. Gopalaswami Aiyangar [(AIR 1965 SC 338)], held otherwise.
“When the Court had no jurisdiction over the subject matter of the suit, it cannot decide any question on merits. It can simply decide the question of jurisdiction and return the plaint,” the Supreme Court ruled in Athmanathaswami Devasthanam.
Jurisdiction of Civil Court Disputed, Yet Suit Dismissed
The case involved a second appeal from 1982, in which the Trial Court had concluded it lacked jurisdiction — holding the matter to be triable by the Revenue Court. However, the Trial Court went ahead and decided other issues on merit and ultimately dismissed the suit. The First Appellate Court also affirmed this dismissal, without addressing the jurisdictional error.
High Court Frames Substantial Question of Law
While admitting the second appeal in 1982, the High Court had framed the following substantial question of law:
"Whether the decision of the Full Bench in Mst. Ananti v. Chhannu is still good law in view of the decision of the Supreme Court in Athmanathaswami Devasthanam and the amended provisions of Order VII Rule 10 CPC, and what order should be passed in the suit?"
Civil Courts Must Not Decide Merits Once Jurisdiction Is Found Lacking
Justice Shamshery analyzed binding precedents and clarified:
“Once a court comes to the conclusion that it has no jurisdiction to adjudicate the suit, the plaint has to be returned back... the said court may not go into other issues.”
Referring to Order VII Rule 10 CPC and its 1976 amendment, the Court highlighted that appellate and revisional courts also have the power to direct return of the plaint and that this power should be exercised where jurisdiction is lacking.
On the 1930 Ruling in Mst. Ananti v. Chhannu
The Court ruled that the Full Bench view in Mst. Ananti, which allowed dismissal of suits even where jurisdiction was lacking, can no longer be treated as good law in light of:
The Supreme Court's rulings in Athmanathaswami Devasthanam (AIR 1965 SC 338)
R.S.D.V. Finance Co. v. Shree Vallabh Glass Works Ltd. [(1993) 2 SCC 130], and
EXL Careers v. Frankfinn Aviation Services [(2020) 12 SCC 667]
Quoting the SC in R.S.D.V. Finance, the Court noted:
“The only course to be adopted in such circumstances was to return the plaint for presentation to the proper court and not to dismiss the suit.”
Discretion May Exist in Certain Cases — But Only Where No Subject-Matter Jurisdictional Defect Exists
The Court distinguished cases involving territorial or pecuniary jurisdiction from those involving subject-matter jurisdiction, holding that the former may allow for some discretion. However, in cases of subject-matter jurisdiction — such as this one involving land records triable by Revenue Courts — no such discretion exists.
Answer to the Substantial Question of Law
“Once a Court comes to the conclusion that it has no jurisdiction to adjudicate the suit, the plaint has to be returned back... and if plaint is presented in the competent court, the suit will be decided de novo by granting benefit of Article 14 of the Limitation Act.”
The Court relied on Section 14 of the Limitation Act to protect the plaintiff from limitation consequences arising due to refiling.
Court's Direction: Return the Plaint
In light of the above findings:
The Second Appeal was allowed
The Trial Court’s dismissal order was set aside
The plaint was directed to be returned to the plaintiff to file in the proper Revenue Court
The plaintiff will be entitled to claim benefit under Section 14 of the Limitation Act
A Step Toward Uniform Application of Procedural Justice
By bringing clarity and aligning lower court procedure with authoritative Supreme Court decisions, the Allahabad High Court has laid to rest a procedural confusion that persisted for nearly a century. The ruling ensures that plaintiffs are not penalized for filing in the wrong forum and that courts do not overstep by deciding on merits without jurisdiction.
Date of Decision: August 28, 2025
