Principle

CIVIL PROCEDURE — Jurisdiction — Lack of Jurisdiction — Proper Order to Make

Area of law
CIVIL PROCEDURE
Court
Supreme Court

When a court lacks jurisdiction, the proper order is to strike out, not dismiss, the action. Striking out allows the plaintiff to commence afresh in a court with jurisdiction. The principle applies to all civil proceedings. Dismissal would be a final adjudication on the merits.…

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