LawpreneurzCivil Procedure Code
Civil Procedure Code
(Order VII Plaint)
Order VII R11
It is a duty of the court first, before which a suit is instituted to properly examine the plaint, to see or for the purpose to decide if it is to be returned or rejected or to be proceeded with. O VII R11 is to be read with s. 148,149.
A plaint may be rejected on any of the ground stated therein either suo motto or application of the defendant and if it is on application, the merit of application is a decisive factor.
If the objection is well founded and proved, regard being had to the plaint, the court shall reject the plaint positively.
The scope of this provision is not exhaustive i.e. it does not contain all grounds of rejection of plaint, therefore a plaint can be rejected on any other ground such as non- compliance of O VI R2 and if the observation is towards the ends of justice, the court may also reject on any other ground u/s. 151.
A rejection of plaint amounts to quashing of all the proceedings that might have taken place, the consequences are the court fees is forfeited and a fresh suit may be filed with a fresh court fees (O VII R13). Therefore, on rejection of plaint as it is not decided on merits, the res-judicata will not apply.
The word "shall" has to be given liberal interpretation as held in
Rupal Sathi v. Nachattar Singh 1982 SC i.e. court shall not mechanically reject the plaint, rather it shall examine the alternatives available and shall pass orderfor verification, therefore a parallel remedy under O VI R17 may be invoked.
Grounds of Rejection of Plaint:
- Where it does not disclose COA- the court is slightly liberal and not hyper technical, it will read the plaint broadly and can also infer the COA before rejecting and can also direct plaint to be amended. Court will never infer COA from written statement. The word 'disclose' is evident of the fact that it is just facts mentioned in the plaint that are important to access the existence of the COA.
In Arvandandan U.T. v. Satyapal (1977) 4 SCC 467, it was held if the reading of plaint discloses to be meaningless pr vague in the sense that it does not disclose a clear right of the plaintiff to sue, the court should exercise power under O VII R 11 and shall reject for the reason that continuation of proceeding will amount to abuse of process of law.
- Where the relief claimed is undervalued: by the plaintiff himself with the object of deriving any undue benefit the court has power to reject such plaint. However before passing such order the court can give an opportunity to such plaintiff to correct the valuation, if he does so plaint will not be rejected and if not then plaint will be rejected.
- Where the relief claimed is properly valued but the plaint is insufficiently stamped i.e. where there is deficit court fee, the court is bound to give the plaintiff time to make good the deficiency, when the plaintiff fails to do so ,the plaint will be rejected.
O VII R 11 (b)(c) is to be r/w s. 148 and s. 149 and to be read with proviso too, which means normally the extension will be provided u/s. 148 but the court has to give reasons, circumstances, if not given before extending such period.
- The party claiming the bar does not have to give evidences as the bar must be appearing from the statements of claims. For this clause, burden of proof lies on party who claims rejection that the suit is barred by some law and that the bar is appearing from the statements of the claim.
- The plaint has to be filed in duplicate i.e. according to the provisions of O IV R1 and if this mandate is not complied with, the plaint is liable to be rejected.
- Plaint can be rejected on the ground that plaintiff has not submitted copies of plaint for their service in term of Order V of CPC. Therefore this is a sufficient ground for rejection.
Lawpreneurz Details of Civil Procedure Code
|Lecture 1||CPC Order I|
|Lecture 2||CPC Order II|
|Lecture 3||CPC Order V|
|Lecture 4||CPC (Order VII Plaint)|
|Lecture 5||CPC Order VIII|
|Lecture 6||CPC Order XXIII|
|Lecture 7||CPC Order XXVI|
|Lecture 8||CPC Order XXVII|
|Lecture 9||CPC Question Bank|
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