EXL Careers (M/s.) & Anr. vs. Frankfinn Aviation Services (P) Ltd. (SC)

Code of Civil Procedure, 1908–Order 7, Rule 10 & 10A–If a plaint is returned under Order 7, Rule 10 & 10A for presentation in the Court which it should have been instituted, whether the suit shall proceed de novo or will it continue from the stage where it was pending before the court at the time of
returning of the plaint?–Held, proceedings has to be commenced de novo–Law laid down in Modern Construction is the correct law.