Pb Balaji.judge order. para 9* – Civil Procedure Code, 1908 – Order 7 Rule 10 – Appealability of order dismissing application for return of plaint:

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Pb Balaji.judge order.
para 9* – Civil Procedure Code, 1908 – Order 7 Rule 10 – Appealability of order dismissing application for return of plaint:
An appeal under Order 43 CPC lies only when the application under Order 7 Rule 10 CPC is allowed. No appeal lies from an order rejecting/dismissing such an application. Hence, a
revision under Art. 227 is maintainable.

*paras 10–12* – Family Courts Act, 1984 – Ss. 7 & 8 – Exclusive jurisdiction of Family Court – Disputes concerning property of parties to marriage:
Disputes relating to property owned by husband and wife, whether jointly or individually, fall squarely within the ambit of S. 7(1)(c) of the Family Courts Act, 1984. Such disputes are exclusively triable by the Family Court by virtue of S. 8.

*paras 11–12* – Family Courts Act, 1984 – S. 7(1)(c) – Scope:
Where the reliefs sought in the suit are for declaration of absolute ownership of property in favour of husband and for consequential injunctions, such reliefs are disputes between spouses relating to property and thus triable only by the Family Court.

*para 13* – Family Courts Act, 1984 – S. 7 – Presence of statutory authority as defendant:
Mere impleadment of a statutory authority (Inspector General of Registration) in the suit does not divest the Family Court of jurisdiction where the primary dispute is between husband and wife relating to property.

*para 14* – Practice and Procedure – Revision under Art. 227 – Maintainability:
Revision maintainable against dismissal of an application under Order 7 Rule 10 CPC, as no statutory appeal lies.