When a lawsuit is filed in a court lacking pecuniary jurisdiction, the proper procedure begins with raising an objection at the earliest opportunity, prompting the court to return the plaint under Order VII Rule 10 of the Code of Civil Procedure, 1908, for presentation before the court having appropriate pecuniary limits. The court endorses the plaint with the date of presentation and reasons for return, after which the plaintiff must refile it in the competent court as per Order VII Rule 10A CPC. Alternatively, a party may seek transfer under Section 24 CPC through an application to a higher court, such as the District or High Court, which may transfer the case after due consideration. Generally, the plaintiff bears the costs arising from such an error, including refiling expenses and possible adverse cost orders, as they are responsible for filing in the correct forum. However, courts may exercise discretion in cost allocation, especially when the error was made in good faith.
