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The institution of a suit starts with filing of plaint. Plaint is the pleading of the plaintiff. Since it is the starting point of the suit, the law requires it to be perfect. Certain guidelines are required to be met with while filing a plaint. The smooth trial of the case depends half of its part on the plaint. Thus if the requirements are not with the plaint will necessarily be rejected.
Rejection of plaint is stated in Order 7 Rule 11 of the CPC. Six circumstances are provided in the Code where the plaint will be rejected. They are explained as follows:
  • Every plaint, according to Section 26 shall be instituted in the prescribed manner. The manner in which it is to be instituted in dealt with under Order 7 Rule 1. Clause 'e' says that the plaint shall contain the facts constituting the cause of action and when it arose. The 'cause of action' is the crux of the suit which explains why the suit is instituted and it enables the court to verify the limitation period also. Hence it is a necessary part in the plaint. Order 7 Rule 11clause 'a' says that the plaint shall be rejected if it does not disclose a cause of action.
  • Every court has its own pecuniary jurisdiction according to which it tries suits. The division is provided in the CPC in accordance with sound principles. Hence it is necessary to provide in the plaint the correct valuation. Order 7 Rule 1(i) provides the same. If the valuation shown is not correct the law gives the plaintiff time to correct the valuation. Even then if the plaintiff fails to correct the same, the plaint will be rejected under Order 7 Rule 11(b) of the Code.
  • Another case arises when the plaint claim is correctly valued but no sufficient stamp paper is produced. The plaintiff is required to file requisite court-fee along with the plaint. However law grants some time to pay the same and on failing the plaint will be rejected under Order 7 Rule 11(c) of CPC.
  • Section 9 of the CPC says that the Courts have jurisdiction to try all suits of civil nature excepting suits of which their cognizance is either expressly or impliedly barred. Thus it is clear that no suit shall be entertained if barred by any law or statute in force. If there is such bar, the plaint will be rejected under Order 7 Rule 11(d) of CPC.
  • Filing of duplicate plaint in Court along with plaint was made mandatory by the amendment in 199 which came into effect from 2002. If the duplicate plaint is not filed, the plaint can be rejected under Order 7 Rule 11(e).
  • Order 7 Rule 9 provides that the plaintiff shall present such copies of plaint as there are defendants in the suit and also pay the requisite process fee in the Court. If the plaintiff fails the plaint will be rejected under Order 7 Rule 11(f) of the Code. This was the result of amendment in 2002.
Consequence and Remedy
As per Section 2(2) of the Code under definition of decree it is said that decree shall be deemed to include the rejection of a plaint. Hence appeal and review can be filed against an order of rejection of plaint. Inherent powers of Court cannot be invoked nor the provision under Order 9 Rule 9 inorder to restore the suit.

Post a Comment

  1. very well written and nicely complied.

    ReplyDelete
  2. it is very nicely explained but if it is supported by citation it will help a lot to users any way nice one

    ReplyDelete
  3. Good one!!

    one can observe that if the order directing payment of additional court-fee was not complied with & it was followed by an order dismissing the suit, a revision petition would not be maintainable, but the remedy was only by way of an appeal against the decree.

    ReplyDelete
  4. Very nicely explained ..

    Adv.Ibrahim Deshmukh
    www.law-india.com

    ReplyDelete

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