REJECTION OF PLAINT /ORDER 7 RULE 11 OF CPC/PLAINT /CODE OF CIVIL PROCEDURE,1908

REJECTION OF PLAINT :ORDER 7 RULE 11

•        The plaint will be rejected in the following cases :-

Where the plaint did not disclose the  cause of action-

 The reading of plaint should be meaningful and not formal but where the plaint does not discloses the cause of action , cleaver drafting ,ritual of repeating word or creation of an illusion cannot insert a cause of action in a plaint .

 

      ii.          Where relief claimed is undervalued

Where the relief claimed by the plaintiff is undervalued and the valuation is not corrected within the time fixed or extend by the   court ,the plaint will be rejected .

iii. Where the plaint is insufficiently stamped

The plaintiff fails to pay the requisite court fees within the time fixed or extend by the court the plaint will be rejected.

    iii.          Where suit is barred by law

If suit is barred by law  ,the court will reject the plaint .It is duty of court to consider suo moto whether a suit is filed barred by any law. the court is bound to consider such question whether  such question is raised by the parties or not .

 v. Where the plaint is not in duplicate

The plaint has to filed in duplicate , if the said requirement is not complied with the plaint will be rejected .

vi. Where there is non compliance with statutory provision

Other grounds :

The grounds for rejection of plaint specified in Order 7 Rule 11 are not exhaustive if the plaint is signed by a person not authorised by plaintiff and the defeat is not cured within the time granted by the court . The pliant can be rejected .

Procedure on rejection of plaint , 0rder 7  rule 12

•        Where he plaint is rejected by the court ,the judge will pass an order to that effect and will record reasons for such rejection.

•        Effect of rejection of plaint : order 7 Rule 13

•        Plaint is rejected on any of the above grounds , the plaintiff is not there by precluded from presenting a fresh plaint in respect of the same cause of action .

Appeal –

•        An order rejected a plaint is deemed “decree”

•        Documents relied on in plaint :order 7 Rule 14-17

•        Rules 14-17 deals with the production of document by the plaintiff .

[yousufshaikh]

Mam civil case me 2 origina suit copies Deni ya 1copy?