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9/16/18

Order 7 Rule 11 || Rejection of plaint and its grounds || CPC


Rejection of Plaint || Order 7 Rule 11 of CPC ||


Introduction:-
                             When any plaint is presented to the court, then it is the first duty of the court to examine the plaint properly for the determining, whether it should be tried, or returned, or rejected and in order to determine the question regarding the rejection of the plaint, and it is also the responsibility of the court to take consideration of other material facts too. Order 7 rule 11 of CPC mentions the provisions, where the plaint should be rejected.

The plaint will be rejected in the following cases:-
1.     Where plaint does not disclose the cause of action,
2.     Where relief claimed is undervalued,
3.     Where plaint is insufficiently stamped,
4.     Where suit is barred by law,
5.     Where plaint is not in duplicate, and
6.     Where there is non-compliance with statutory provisions.

These all grounds are explained in detail the following:-

              

1. Where plaint does not disclose the cause of action:-
                                                                                                     In every plaint filed by the plaintiff if it does not disclose any cause of action, the court will reject it. But in order to reject the plaint on this ground, the court must look at the plaint and at nothing else; it was held in the case of Begum Sahiba vs. Nawab Mohammed Mansur. (2007) 4 SCC 343.
                                     The power to reject a plaint should be exercised by The court only when if the court comes to the conclusion that even if all allegations set out in the plaint are proved, the plaintiff would not be entitled to any relief, in that case, the court will reject the plaint without issuing summon to the defendants.  The reading of the plaint should be meaningful and not formal. Finally, the plaint can be rejected as a whole if it does not disclose the cause of action. A part of it cannot be rejected, it was held in Roop Lal vs. Nachhattar Singh, (1982) 3 SCC 487.

2.  Where the relief claimed is undervalued:-
                                                                               Where the relief claimed by the plaintiff is undervalued and the valuation is not correct within the time fixed and extended by the court, the plaint will be rejected. 

3. Where plaint is insufficiently stamped:-
                                                                            In many cases relief claimed by the plaintiff is properly valued, but it is written upon a paper insufficiently stamped and the plaintiff fails to requisite Court fees within the time fixed and extended by the court. In that case, the plaint will be rejected. But if the plaintiff paid that court fees within the time extended by the court the suit or appeal must be treated as instituted from the date of presentations of plaint or memorandum of appeal for the purpose of limitation as well as payment of court fee, it was held in Mannan Lal vs. Chhotaka Bibi, (1970)1 SCC 769, AIR, 1971 SC 1374.

4.  Where suit is barred by law:- 
                                                           Any suit which appears from the statement in the plaint that is barred by the law, the court will reject the plaint. For instance; wherein a Suit against the government, the plaint does not state that a “notice” as required by Section 80 of code has been given, the plaint will be rejected under this clause, held in Bhagchand vs. Secy. of State, AIR 1927 PC 176.  But where a waiver of such notice is pleaded, the court cannot reject the plaint without giving the plaintiff an opportunity to establish that fact. Likewise, if the plaint itself shows that the claim is barred by limitation, the plaint cannot be rejected.

5.  Where plaint is not in duplicate:-
                                                               The plaint has to be filed in duplicate. if the said requirement does not comply with the plaint will be rejected.

6. Where there is non-compliance with the statutory provision:-
                                                                                                               Where the plaintiff fails to comply with the provision of rule 9, the plaint will be rejected, [Order 7 R.11 (f)].

7.  Other grounds:-  
                                      Under order 7 rule 11 the grounds for rejection are not exhaustive. A plaint can be rejected on other grounds also, for example, if the plaint is signed by the person not authorised by the plaintiff and if the defect is not cured within the time granted by the court, the plaint can be rejected. Likewise, where the plaint is found to be vexatious and meritless, not disclosing a clear right to sue, the court may reject the plaint under this rule.

8. Power and duty of the court:-
                                                        The power conferred on the code under order 7 rule 11 is drastic in nature. Conditions precedent to exercise the said power is stringent. Hence, it is the duty of the court before exercising this power that such conditions are fulfilled. The power to reject the plaint can be exercised by the court at any stage of the suit.

9. Procedure on the rejection of plaint: Rule 12:-
                                                                                     Where a plaint is rejected by the court, the judge will pass an order to that effect and will record reasons for such rejection.

10. Effect of rejection of plaint: Rule 13:-
                                                                           If the plaint is rejected on any of the above grounds, the plaintiff is not thereby precluded from presenting a fresh plaint in respect of the same cause of action.

11. Appeal:-
                         An order rejecting a plaint is a deemed “decree” within the meaning of section2 (2) of the code, and, therefore, is appealable.

Mode of rejecting plaint:-
                                               A plaint may be rejected either by:-
a.      An application of the defendant, or
b.     Suo moto by the court if it is liable to be rejected under Order 7 Rule11 of CPC.

Conclusion:-    
                          At last, we can say that, if in a plaint is under the provision of Order 7 Rule 11 of the Code, then it will be liable to rejected by the court.

                                                                                                     Thanks for reading        


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