Rejection of Plaint: Law, Cases and Grounds of Rejection

0
18873

May 09, 2018

Order 7 Rule 11 of the Code of Civil Procedure  delineates the grounds on which a plaint can be rejected. The grounds are:

  1. The plaint does not disclose cause of action
  2. The relief claimed is undervalued
  • Where the relief claimed is properly valued, however the plaint is written upon paper that is insufficiently stamped

Under Order 7, Rule 11(c) the Court is bound to grant some time to deposit the deficit court-fee on a plaint that is insufficiently stamped. Under the statutory provision, the plaint is liable to be rejected only when plaintiff has failed to supply the required stamp-paper within the time required by the Court. Thus, in such cases the Court is under an obligation to require the party to make good the deficiency in the case of a plaint.

  1. Where any statement in the plaint is such that it is barred by law
  2. Where the plaint is not filed in duplicate

Also read Steps Involved in Filing of Suit

The circumstances for rejection of a plaint under Order 7, Rule 11 cannot be regarded as an exhaustive one. In the case of Radakishen v. Wali Mohammed[1], the Court opined that for rejection of plaint on any other ground other than the one specified under Order 7 Rule 11, the defect should be such that it effects the Court’s jurisdiction.

Prior to issuing summons under Order 7, it is the duty of the Court to examine the plaint. The discovery of a patent defect cannot be deferred until the summons has been issued and written statement has been filed.

Is dismissal of suit and rejection of plaint- a similar expression?

No, dismissal of suit and rejection of plaint do not imply a similar situation. In case of dismissal of suit a decree is already passed whereas in case of rejection of plaint it is merely an appealable order.

Does rejection of plaint bar the plaintiff from filing a fresh plaint?

No rejection of plaint under Order 7 does not bar the Plaintiff from filing a fresh plaint on the same cause of action, provided the plaint is not barred by the Law of Limitation.

[1] AIR 1956 Hyd 133