https://www.taxtmi.com/caselaws?id=277670 A plaint returned under Order VII Rule 10 CPC and re-presented before the competent court is treated as a fresh suit, not a continuation of the earlier proceeding; the earlier filing in a court lacking jurisdiction does not carry forward, though exclusion of time may be sought under Section 14 of the Limitation Act. On interest, the court held that a party cannot claim the benefit of interest from the date of the original filing in the wrong forum, since it cannot derive advantage from its own error in instituting proceedings before an incompetent court. The impugned judgment was set aside and the trial court and appellate court orders were restored. en-us Mon, 07 Oct 2013 00:00:00 +0530 Mon, 17 Dec 2018 18:26:35 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=277670 A plaint returned under Order VII Rule 10 CPC and re-presented before the competent court is treated as a fresh suit, not a continuation of the earlier proceeding; the earlier filing in a court lacking jurisdiction does not carry forward, though exclusion of time may be sought under Section 14 of the Limitation Act. On interest, the court held that a party cannot claim the benefit of interest from the date of the original filing in the wrong forum, since it cannot derive advantage from its own error in instituting proceedings before an incompetent court. The impugned judgment was set aside and the trial court and appellate court orders were restored. Case-Laws Indian Laws Mon, 07 Oct 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=277670