Order VII Rule 10(2) of CPC – Considering Order VII Rule 10(2) of CPC, it is incumbent on the judge passing the order under clause (1) of the same provisions to endorse on the plaint the date of the presentation, return of the plaint, the name of the party presenting it and the reasons for returning it.
Limitation - It is held that considering Order VII Rule 10(2) of CPC, it is incumbent on the judge passing the order under clause (1) of the same provisions to endorse on the plaint the date of the presentation, return of the plaint, the name of the party presenting it and the reasons for returning it. It is seen from a perusal of the two plaints that there is no endorsement made by the learned Judge as provided under Order VII Rule 10(2) CPC. It cannot be said that under the circumstances the plaintiffs were negligent and that the plaintiffs were not entitled to deduct the time between 04.06.1955 and 29.06.1955 under Section 14 of the Limitation Act. Even without deducting this period of 25 days, the suits would be in time if the period between the dates of presentation of the plaints and 04.06.1955 is taken into account.
1969(1) MYS. L. J. 183 in the case of V S Mangaraja Shetty And Another v. C K Subbaiah