The Kerala High Court ruled that a commercial suit filed in a civil court without jurisdiction must be returned, not rejected, allowing the plaintiff to re-file in the appropriate commercial court.
The Kerala High Court has held that when a commercial suit is filed before an ordinary civil court lacking jurisdiction under the Commercial Courts Act, 2015, the plaint must be returned to the plaintiff under Order 16 Rule 6 of the Code of Civil Procedure (CPC), rather than being rejected outright.
The decision clarifies procedural hierarchy under Section 17 of the Commercial Courts Act, which mandates that specified commercial disputes of defined value must be instituted only before designated commercial courts. Where a plaintiff inadvertently files before a civilian court, the proper course is return of plaint under CPC rules, enabling refiling in the appropriate forum, preserving the limitation period.
“A suit cannot be non-suited merely because it was filed in the wrong court if the error is curable under procedural law.”This ruling protects litigants from technical dismissals and aligns with decisions from other high courts, including Delhi and Bombay. Practitioners must ensure proper forum selection at the outset but can rely on return of plaint to correct jurisdictional errors without suffering adverse costs or time loss due to limitation.
Citations
- Commercial Courts Act, 2015, Section 17
- CPC Order 16 Rule 6
