Rejection of Plaint under Order 7 Rule 11 CPC
Rejection of Plaint under Order 7 Rule 11 CPC
Introduction
In this article, we are going to discuss the provision of rejection of the plaint under Order 7 Rule 11 of CPC.
Order 7 Rule 11 of CPC, contains the provision of rejecting a plaint by the Civil Court on the below-mentioned grounds.
Rejection of Plaint
As stated earlier, Order 7 Rule 11 of CPC contains the provision of rejecting a plaint by the Civil Court.
Order 7 Rule 11, CPC reads as
“Rejection of plaint— The plaint shall be rejected in the following cases: —
- where it does not disclose a cause of action;
- where the relief claimed is undervalued, and the plaintiff, on being required by the Court to correct the valuation within a time to be fixed by the Court, fails to do so;
- where the relief claimed is properly valued, but the plaint is returned upon paper insufficiently stamped, and the plaintiff, on being required by the Court to supply the requisite stamp-paper within a time to be fixed by the Court, fails to do so;
- where the suit appears from the statement in the plaint to be barred by any law:
From the wordings of this order, we can conclude that the plaint can be rejected on the following grounds-
- Where it does not disclose a cause of action – The court is bound to reject a plaint if it does not disclose a cause of action. The cause of action is the fact against which the plaintiff seeks relief. It the plaintiff does not disclose these facts which are necessary to prove the damage caused to the plaintiff, the civil court can reject the plaint. Case law – M.P. Shipping Services Pvt. Ltd. V. World Tanker Carrier Corporation; AIR 2000 Bom 35
- Where the relief claimed is undervalued, and the plaintiff, on being required by the Court to correct the valuation within a time to be fixed by the Court, fails to do so; - Every plaint must contain the valuation of relief claimed, and damages caused. If any plaint is undervalued, the court may order the correction of valuation. Even after the order of correction of valuation, the plaintiff fails to do the valuation within the fixed time, the Court can reject the plaint under this order. However, the plaintiff can present a fresh plaint under Order 7 Rule 13.
- Where the relief claimed is properly valued, but the plaint is returned upon paper insufficiently stamped, and the plaintiff, on being required by the Court to supply the requisite stamp-paper within a time to be fixed by the Court fails to do so – Every plaint is required to mention the valuation of relief claimed, and accordingly, the court fee is to be valued. However, if the plaint is insufficient stamp under the Court Fees Act and the plaintiff fails to supply the plaint with correct stamp valuation, the Court can reject the plaint. Although the plaint is not directly rejected, a reasonable time must be allowed to correct the stamp valuation.
- The suit appears from the statement in the plaint to be barred by any law - If the plaint appears to be barred by any law, by its statements. The Court can reject the plaint.
- When the plaintiff fails to comply with the provision of Order 7 Rule 9.
Modes of Rejecting the Plaint
The Court can reject the plaint through two modes.
- Firstly, the defendant can file an application under Order 7 Rule 11 for the rejection of the plaint. This application can be filed at any stage of proceedings. Further, before proceeding the case to the next stage, this application has to be decided by the Court.
- Secondly, the Court can reject the plaint under this order suo moto. Suo moto means ‘on its own motion’. If the Court is satisfied that the plaint has any ground for rejection mentioned in the order, it can reject the plaint.
Is rejecting the plaint the same as the dismissal of the suit?
No, dismissal of suit and rejection of plaint are two different things. Firstly, there are no specific grounds on which a suit can be dismissed. However, the grounds for rejection of plaints are mentioned under Order 7 Rule 11 of CPC. Secondly, the dismissal of the plaint (suit) is followed by the decree. However, the rejection of the plaint doesn’t create a decree. The plaintiff can file a fresh suit on the same cause of action after correcting the ground.
Conclusion
Code of Civil Procedure, 1908 is the most important subject for anyone who wants to get in civil litigation and civil services. Order 7 Rule 11 determines whether the plaint discloses the cause of action or not.
