Rejection of plaint under Order 7 Rule 11, Civil Procedure Code 1908
Under Order 7, Rule 11 of the Civil Procedure Code 1908 in India, the court has the power to reject a plaint (the written statement of a plaintiff) under certain circumstances. This rule allows the court to dismiss a plaint without proceeding to a full trial if it appears to be barred by law or is frivolous, vexatious, or lacking in essential particulars.
Grounds for rejection of plaint
- The suit is barred by law: If the suit is not maintainable due to legal provisions, such as being time-barred, barred by limitation, or barred by some other legal impediment, the court may reject the plaint.
- The plaint is frivolous or vexatious: If the court finds that the claim made in the plaint is absurd, baseless, or lacks any substance, it can reject the plaint as frivolous. Similarly, if the court determines that the suit is brought with the intention to harass or annoy the defendant, it can reject the plaint as vexatious.
- The plaint does not disclose a cause of action: A cause of action refers to the legal basis on which the plaintiff seeks relief from the court. If the plaint fails to disclose a cause of action, i.e., it does not set out the facts constituting the cause of action or the necessary elements for the claim, the court may reject it.
- Essential particulars are missing: The plaint must contain certain essential particulars required by law, such as the names and addresses of the parties involved, the facts giving rise to the cause of action, the relief sought, etc. If these essential particulars are missing or not adequately provided, the court may reject the plaint.
When a court decides to reject a plaint under Order 7, Rule 11, it generally does so at an early stage of the proceedings, based on a prima facie examination of the plaint. The court may give the plaintiff an opportunity to rectify the defects in the plaint before dismissing it outright. However, if the defects are substantial and cannot be cured, the court may reject the plaint without granting such an opportunity.
It's important to note that the specific procedure and requirements for rejecting a plaint may vary depending on the jurisdiction and the rules of the particular court. It is advisable to consult a legal professional or refer to the specific provisions of the Civil Procedure Code in your jurisdiction for accurate and detailed information.
FAQs About Rejection of Plaint
Q: What is a rejection of plaint?
Ans: A rejection of plaint refers to a situation where a court refuses to accept a plaintiff's (the person filing the lawsuit) plaint (complaint) for various reasons. It means that the court has deemed the plaint as defective or insufficient and rejects it, preventing the lawsuit from proceeding until the issues are addressed.
Q: What are some common reasons for the rejection of plaint?
Ans: The rejection of plaint can occur due to various reasons, including:
- Lack of jurisdiction: If the court does not have the authority to hear the case, the plaint may be rejected.
- Defects in the plaint: If the plaint does not meet the legal requirements or lacks essential details, such as the parties' names, nature of the claim, or relief sought, it may be rejected.
- Non-compliance with legal procedures: If the plaintiff fails to adhere to the procedural rules prescribed by the court, such as not filing the plaint within the specified time limit or not paying the required court fees, the plaint may be rejected.
- Prejudice or abuse of process: If the court determines that the plaintiff is misusing the legal process to harass the defendant or for some other unfair purpose, the plaint may be rejected.
Q: What happens if a plaint is rejected?
Ans: When a plaint is rejected, the court typically provides the reasons for the rejection and may give the plaintiff an opportunity to rectify the defects or address the issues. The plaintiff may be allowed to file an amended plaint or take necessary steps to cure the deficiencies within a specified time frame. If the plaintiff fails to rectify the issues within the given time, the court may dismiss the plaint, and the lawsuit will not proceed further.
Q: Can a rejected plaint be refiled?
Ans: In most cases, if a plaint is rejected, the plaintiff is allowed to refile the plaint after rectifying the defects or addressing the issues that led to the rejection. However, the specific rules and procedures regarding refiling may vary depending on the jurisdiction and the nature of the case. It is advisable for the plaintiff to seek legal advice or consult the court's rules to understand the requirements for refiling.
Q: Is rejection of plaint final?
Ans: The rejection of plaint is not usually considered final in the sense that it permanently bars the plaintiff from pursuing the case. It is more like a temporary setback that can be rectified by addressing the issues. If the plaintiff takes the necessary steps to rectify the defects or comply with the court's requirements within the specified time, the case can proceed further. However, if the plaintiff fails to rectify the issues or comply with the court's directions, the dismissal of the plaint may become final, preventing the plaintiff from continuing with the lawsuit.
