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rejection of plaint

English · Courts and procedure

Meaning. Dismissal of a suit at the threshold under Order VII Rule 11 CPC, on the face of the plaint alone.

Order VII Rule 11 of the Code of Civil Procedure, 1908 requires the court to reject a plaint where (a) it does not disclose a cause of action; (b) the relief is undervalued and the plaintiff fails to correct it within time; (c) it is insufficiently stamped and the deficit is not made good; (d) the suit appears from the plaint to be barred by any law (such as limitation or res judicata); (e) it is not filed in duplicate; or (f) the plaintiff fails to comply with Rule 9.

The court looks only at the plaint and the documents filed with it; the defence in the written statement is irrelevant at this stage. Rejection is not a decision on the merits, so a fresh plaint on the same cause of action is not barred (Order VII Rule 13), but an order of rejection is a deemed decree and is appealable. The court can reject the plaint at any stage. In T. Arivandandam the Court told trial judges to nip vexatious, clever-drafted suits in the bud.

Example

Since the plaint itself showed the suit was filed nine years after the cause of action arose, it was rejected under Order VII Rule 11(d) as barred by limitation.

In Indian law

See also

plaint · cause of action · limitation · decree

Read more in the study notes

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