PCS (J) Notes: CPC, Rejection of Plaint

Rejection of Plaint

Order VII Rule 11 CPC 1908, the plaint shall be rejected on the following grounds.

  1. Where the plaint does not disclose a cause of action. Rooplalvs Gill SC. the plaint can rejected as a whole and not part of it.

AravindanvsSatyapal SC held that, the reading of plaint must be meaningful and not formal.

  1. Where the relief claimed is undervalued and the plaintiff failed to correct the same in spite of the court order with the fixed time.

Meenakshi Sundaram vs Venkatachalam SC held, that for considering the valuation the attention of the judge must confined to plaint only.

  1. Where relief is properly valued but plaint return in insufficiently stamped and in spite of court order the plaintiff failed to pay requisite court fee. The provisions of Rule 11 are mandatory and where a plaint are appeal memo insufficient stamped and the court is bound to give the sufficient time to make correction, only when he fails to comply with the order the court can reject the order.
  2. Where the suit is barred by any law. (If the court rejected plaint suomoto under order VII Rule 11 (D) without even issuing note defendants of the ground that the plaintiff has not complyed the provision of Section 80 CPC, section 80 would be attracted or not couldnot be decided mearly on plaint.) Ex. Where in suits against Govt. the plaint does not state that notice as required by under section 80 has been given.

Where the jurisdiction of the civil court was barred by a statue plaint is required to rejected.

  1. Where the plaint is not find in duplicate.
  2. Where the plaintiff fails to comply with provisions of rule 9 (2).
  3. Where the plaintiff fails to comply rule 9 (A).
  4. Frivolous suit based in consistent allegation should be rejected.

Rule 12 the Judge shall record an order to effect and will record the reason for it along with the date.

Rule 13 effect plaintiff is precluded from presenting a fresh plaint in respect of same cause of action an order rejecting a plaint is decree and therefore it is appealable.

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