The Kerala High Court ruled that a commercial suit filed before an ordinary civil court must be returned, not rejected outright, if it falls under the exclusive jurisdiction of designated commercial courts.
The Kerala High Court has held that a plaint in a commercial suit filed before an ordinary civil court lacking jurisdiction must be returned to the plaintiff under Order VII Rule 10 of the CPC, rather than being rejected outright, if the Commercial Courts Act, 2015 applies.
Jurisdictional Compliance Over Technical Rejection
The court emphasized that rejection of a plaint under Order VII Rule 10 CPC results in a bar to filing the same suit again. Since commercial suits above the specified pecuniary threshold must be filed before designated commercial courts, filing them in ordinary civil courts is a jurisdictional defect. However, the error is curable by return of plaint for presentation before the competent court.
Citing Section 17 of the Commercial Courts Act, 2015, the bench observed that jurisdictional exclusivity is mandatory. Yet, denial of remedy on technical grounds undermines access to justice. The ruling prevents multiplicity of proceedings and ensures procedural fairness for litigants unfamiliar with jurisdictional nuances.
Practitioners are advised to verify jurisdiction thresholds early and seek return in case of erroneous filing rather than face dismissal with prejudice.
Citations
- Commercial Courts Act, 2015, Section 17; CPC Order VII Rule 10
