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Rejection of Plaint under Civil Procedure Code

rejection of plaint cpc

Introduction

The Civil Procedure Code (CPC) deals with the procedure and dealing of the civil suits. Under the CPC nowhere has it been defined that what is ‘rejection of plaint’ but grounds on which a plaint is rejected are mentioned under Order 7 Rule XI. It mentions four grounds on which a plaint can be rejected.

Rejection of plaint- the section specifies the grounds under which the plaint can be rejected:—

(a) where it does not disclose a cause of action;

(b) 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;

(c) 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;

(d) where the suit appears from the statement in the plaint to be barred by any law. [1]

Grounds on which Plaint is Rejected

  1. Where it does not disclose the cause of action- if the plaintiff fails to mention the facts which give him right to seek relief against the defendant and the necessary facts that are required to prove wrong done by a defendant against the plaintiff, then in such cases the plaint can be rejected. [2]
  2. Where the relief claimed by the plaintiff is undervalued, or fails to correct the same on the direction of the court within a given period.
  3. Where plaint is properly valued and relief under it but the plaint gets rejected on the ground of insufficient papers or papers not properly attested or stamped, where the plaintiff does not present the plaint in accordance to the Court-fees Act.
  4. Where the suit is time-barred.
  5. In every suite, a duplicate file of the plaint needs to be filed by the plaintiff. If this requirement is not fulfilled, the plaint is rejected.
  6. Where the plaintiff fails to act in accordance with Rule 7 and Rule 9, the plaint can be rejected.

Provision of Rejection of Plaint under the CPC

  1. Procedure for rejection of plaint- “for rejection of plaint the judge shall record order with valid reasons for the passing of such order. Recording reasons is very important when the judge rejects any plaint.”[3]

Therefore, an order needs to be recorded by the judge in case of rejection of the plaint. Reasons for such rejection should also be noted by the judge.

  1. Where rejection of plaint does not preclude the presentation of fresh plaint— “The rejection of the plaint on any of the grounds hereinbefore mentioned shall not of its force preclude the plaintiff from presenting a fresh plaint in respect of the same cause of action.” [4]

If the plaint is rejected on any of the grounds mentioned under Order 7 Rule XI shall not preclude the plaintiff from presenting a fresh plaint in respect of the same cause of action.

Modes of Rejection of Plaint

  1. At any stage of the proceeding, the defendant can file an application which can be in the form of an interlocutory application.
  2. Under Order VII Rule 1, Suo Moto rejection can be done. A Suo Moto rejection means that if the conditions above stated are fulfilled, the court can by its own motion try a suit.

Important points to be noted

  1. The plaint cannot be partly rejected and partly accepted. It is rejected as a whole. [5]
  2. Where an application under Order 7 Rule XI is filled with a mala fide intention to cause delay to the proceeding, it is rejected. [6]
  3. The order rejecting a plaint is a decree by a court and hence is appealable. [7]

Conclusion

Civil Procedure Code, 1908 is one of the most important document. It provides a detailed procedure of the civil suits. Comprehensive understanding of each and every provision is an important element. Rejection of plaint is done under certain grounds which are enumerated under Order 7 Rule XI. In the provision, the word ‘shall’ makes it mandatory for the court to reject the plaint when any of the points are satisfied. It is also very essential for the court to record the reasons for any order that it passes in order to reject the plaint. Moreover, if a plaint of the plaintiff is rejected by the court, it doesn’t imply that it cannot bring a suit on the same subject matter again. He is not barred from bringing a subsequent suit on the same subject-matter.

Citation-

[1] Order 7 Rule XI, Civil Procedure Code, 1908.

[2] S.M.P. Shipping Services Pvt. Ltd. V. World Tanker Carrier Corporation (2000) Bom 34.

[3] Civil Procedure Code, 1908, Order 7, Rule 12.

[4] Civil Procedure Code, 1908, Order 7, Rule 13.

[5] Kalepur Pala Subrahmanyam v. Tiguti Venkata. (1971) AP 313.

[6] Sopan Sukhdeo Sable V. Asstt. Charity Commr. (2004) SC 569.

[7] Bibhas Mohan Mukherjee v. Hari Charan Banerjee (1961) Cal 491 (FB).

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