Code of Civil Procedure, 1908- Or. VII r.10- Suit returned

- To be presented before court of competent jurisdiction - The

C suit before court of competent jurisdiction decreed directing

the defendant to pay interest on decretal amount from the date

of filing of the suit - Payment of interest from the date of filing

of the suit before the court of competent jurisdiction - Claim

of interest by decree-holder from the date of the suit filed

D before the court, not having jurisdiction - Held: Once the plaint

was returned under Order VII r.10 and presented before the

court of competent jurisdiction, subsequent suit was a fresh

suit and not continuation of the previous suit - Decree-holder

cannot be permitted to take advantage of his own mistake of

E instituting suit before wrong court - Hence, not entitled to

interest from the date of filing of the suit before wrong court.

Maxim - 'Actus Curiae Neminum Gravabit' - Applicability.