LAW FOR ALL

Fate of interim injunction order after return of the plaint on the point of jurisdiction ? = "Thus, it is a settled position of law that the Court having no pecuniary jurisdiction when entertain a suit but ultimately when it found that it lacks jurisdiction and returned the plaint for presentation to the proper Court, it is not a continuation of the earlier proceedings initiated in the competent court and the starting point of the date on which the suit is instituted is the date of re-presentation to the competent court having jurisdiction All the proceedings taken in the Court of first instance are thereby rendered void land of no consequence. Thereby, the proceedings before the Court of first instance are nullity. In this case, the Court of the District Munsif itself found to have no jurisdiction to entertain the suit and returned the plaint for presentation to the proper court. Thereafter, it must be held that the court of the District Munsif lacks inherent jurisdiction to seisin of the cause. Under those circumstances, the ad-interim injunction issued by the Court of the District Munsif is nothing but a nullity.