Rejection of Plaint under CPC
Rejection of Plaint under Civil Procedure Code 1908
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| Rejection of Plaint under order VII Rule 11 |
1. Introduction:
A civil court is fully competent to consider legal objection on maintainability Of suit. The plaint can be rejected by the court at initial stage if legally found defective. It is the duty of the court before which a suit is instituted to properly examine the plaint for the purpose of determining. whether It should be returned or rejected and in order to determine the question of rejection, it is the responsibility of the court to take consideration other material too where plaint should be rejected.
2. RELEVANT PROVISIONS:
Following are the relevant provisions of Civil Procedure Code regarding the concerned topic:(i) Order 7 Rule 11
(ii) Cross Reference:
(a) Section 148, 149 of CPC
(b) Order 41 Rule 3 of CPC
(c) Sections 4, 6, 12 and 28 of court fees act, 1870
3. MEANING OF REJECTION OF PLAINT:
It means when the plaint does not disclose the cause of action or fails to mention correct valuation, court shall reject the plaint in such cases.
4. Mode of rejection of plaint:
(i) An application by the defendant.
(ii) Suo Motu by the court if it is liable to be rejected under Order 7 rule 11.
4. Mode of rejection of plaint:
(i) An application by the defendant.
(ii) Suo Motu by the court if it is liable to be rejected under Order 7 rule 11.
4. GROUNDS OF REJECTION OF PLAINT:
(i) Cause of Action Not Disclosed:
Where a plaint does not disclose any cause of action it has to be rejected and for this purpose only the plaint Is to be looked into and nothing else.
The Term cause of action refers to the grounds on the basis of which plaintiff seeks for favorable Judgement. It is bundle of facts which have been alleged by the plaintiff in his plaint and later on denied by the defendant in his written statement. For the purpose of determination whether plaint disclose a cause of action or not court has to presume that every averment made in the plaint is true.
Power to reject a plaint under order 7 rule 11 must be exercised only if the court comes to conclusion that even if all the allegations are made in the plaint are proved, plaintiff would not be entitled to any relief whatsoever.
(ii) Claim Relief Under-Valued:
If the court is of the opinion that the plaintiffs valuation of suit is fictitious, it can require him to make a correct valuation and shall allow him time for correction and can reject a plaint on his failure to do so.
(iii) Deficiency in Court Fee:
Where a plaint is written on paper insufficiently stamped, the court is bound to give the plaintiff time to make good the deficiency under Section 149 of Civil Procedure Code if the Plaintiff fails to supply the requisite stamp paper within the period fixed by court, the plaint may be rejected.
General Rule: According to section 4 and 6 of the court fee Act 1870, no document chargeable with court fee shall be filed or received in any court unless proper court fee has been fixed thereon but this rule is subject to exception under section 149 and order 7 rule 11 of civil procedure code 1908 where court may allow time to pay the court fee.
(iv) Suit Time Barred:
Where suit appears to be prima facie barred by any Law the plaint shall be rejected by court.5. FILING OF SUIT WITH DEFICIENT COURT FEE:
No document chargeable with court fee shall be filed in any court unless proper court fee has been fixed.
Procedure Where Deficient Court Fee is Paid:
(a) To determine the Correct Valuation: When the court finds the plaint insufficiently stamped. it would be compulsory. on the court to ascertain the correct valuation which has to be paid by the plaintiff.
(b) Time Allowed: When a suit with deficient court fee is filed and it is within the limitation period then the court has to allow time to plaintiff to make up the deficiency and fix a date for the payment.
(c) Extension of Time: The time may be extended by the court has the jurisdiction over the matter. This power of granting extension of time may be used by court either on application of the party or suo moto.
(iii) Where Deficiency is Made Up in the Time Allowed:
When the plaintiff makes up the deficiency in the court fee within the time allowed by the court whether initial or extended time then the suit shall have the same force and the effect if such fee had been paid in the first instance.6. PROCEDURE ON REJECTING PLAINT:
The court shall record an order to the effect and also record the reasons for such order.
7. FILING OF FRESH SUIT ON SAME CAUSE OF ACTION:
When the plaint of plaintiff is rejected, he may bring a fresh plaint in respect of the same cause of action within the period of limitation.
8. REMEDIES AGAINST REJECTION OF PLAINT:
(i) As to Fresh Suit: Plaintiff can file fresh suit in the same cause of action
(ii) As to Review: Plaintiff can apply to the same court for review.
(iii) As to Appealable: An order rejecting a plaint is a decree and is also appealable.
(iv) As to Set Aside: Order passed by appellate court found to be without application of mind liable to set aside in writ jurisdiction.
(v) As to Revision: If order suffers from material irregularity, a revision is also competent.
9. CONCLUSION:
We may conclude with a view that court can reject the plaint which found legally incorrect at initial stage. The purpose is to save the time of court and to discourage the fruitless litigation. Rejection of plaint is a decree by legal fiction and is appealable.
Case Law: 2004 CLJ 172: It is only the requirement of law but it is in the interest of litigants that in competent suits should not be allowed to further encumber legal proceedings. Stillborn suit must be buried at its inception without formal funeral ceremony.