Code of Civil Procedure, 1908–Order 7, Rule 10–Returning of plaint due to lack of jurisdiction–Suit can be instituted before the Court having competent jurisdiction–Plaintiff would be entitled to exclude the period during which he prosecuted the case before the Court having no jurisdiction in view of the provision of Sec. 14 of 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.
