Should trial start afresh upon return of plaint under Order VII Rule 10 CPC? Larger Bench of Supreme Court to decide

Shruti Mahajan October 9 2019

When a plaint under Order VII Rule 10 and 10A is returned, should trial start de novo or should the proceedings continue from the point at which they were transferred? A Bench of Justice Deepak Gupta and Aniruddha Bose has referred this question to a larger Bench of the Supreme Court.

Noting that there is a conflict between Supreme Court judgments on the subject, the Court framed the following question to be answered by the larger Bench:

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