In case the suit has been instituted in a court having no jurisdiction, territorial or pecuniary, the plaint is liable to be :

Haryana Judicial Service (Civil Judge) Prelims 2010 Previous Year Question Papers with MCQ Answers

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83.

In case the suit has been instituted in a court having no jurisdiction, territorial or pecuniary, the plaint is liable to be :

A: returned

B: rejected

C: either (a) or (b)

D: none of the above.

The answer is: A

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Explanation

The correct option is:

A: returned

Explanation:

If a suit has been instituted in a court that lacks jurisdiction (either territorial or pecuniary), the appropriate legal remedy is to return the plaint. Returning the plaint means that the court acknowledges its lack of jurisdiction and returns the case file to the plaintiff without adjudicating on the merits of the case. This allows the plaintiff to refile the suit in the proper court with the necessary jurisdiction. Therefore, option A is the correct choice in this scenario.