47. Where plaint presented to wrong court

47. In every case where an action has been instituted in a court not having jurisdiction by reason of the amount or value involved, or by reason of the conditions made necessary to the institution of an action in any particular court by section 9 not being present, the plaint shall be returned to be presented to the proper court.

An unsuccessful claimant filed an action under section 247 of the code in the District Court of Negombo as the execution was issued by that court. But the property seized was situated in Kurunegala. Negombo court has no jurisdiction as the cause of action is not on the seizure but on the violation of right of ownership. It competent for Negombo court to return the plaint to be presented to the proper court.

Warthelis Vs. Daniel Appuhamy (12 N.L.R. 196) 

Where a plaint returned to the plaintiff under section 47 of the Civil Procedure Code for want of jurisdiction is presented subsequently to the right court, the plaint is not to be deemed to have been presented from the date of the earlier presentation to the wrong court.

Mudiyanse Vs. Siriya (23 N.L.R. 285) 

Where an action was dismissed on the ground that the court had no jurisdiction and an application was made to the Supreme Court in appeal that the plaint should be returned to the plaintiff to be filed in the proper court:-


Held, that the Supreme Court would not entertain the application at that stage of the action. The order which is made upon a plea to jurisdiction made and upheld by the court is almost invariably an order dismissing the action. 

Chinnadurai Vs. Rajasuriya (32 N.L.R. 86)