Order 7 Rule 11 And the main grounds for rejection of plaint under CPC

Share on:

INTRODUCTION AND MEANING: -

Here is everything you need to know if you've ever wondered about the idea of a complaint, by legal requirements, and what the necessary contents must be there in a plant. A civil lawsuit's plaint, which details the plaintiff's claim after filing a lawsuit, is a legal document.

In CPC order 7, the term "plaint" is defined. The Code of Civil Procedure, 1908's Section 9 acknowledges the Civil Courts' authority to try all Suits of a Civil Nature.

Rules 1 through 8 of the order deal with specifics in a plaint. A plaint is a legal document that details the plaintiff's claim in writing. The beginning of a lawsuit is done by the filing of a plaint. It might be considered a statement of claim, a document, upon the filing of which the lawsuit will be brought. The plaint is the plaintiff's initial step in the form of a legal document for the start of a lawsuit, and it outlines their demands. The Civil Procedure Code refers to the idea of a plaint and the format of one. A plaint, however, essentially states the party presenting its cause of action and the relief it seeks.

OBJECTIVE: -

The objective stated in, Order 7 Rule 11's is to immediately dismiss complaints that are frivolous, vexatious, or improper to conserve the time and resources of the legal system. 

Order 7 Rule 11 makes sure that court time and the attention of the defendants are not occupied by litigation that barely has any meaning or is destined to prove "abortive."

THE ESSENTIAL PARTS OF A PLAINT:  

The essential parts of the plaint are explained briefly, 

A plaint consists of the following four essential parts:

• The heading and title
• The body of the plaint 
• The relief claimed and
• Verification.

The facts mentioned under order seven rule 1 refer to “the heading and title” of the plaint must include the name of the court the name and description of the residence of the plaintive the name description and place of the residence of the defendant and where the plaintiff or defendant is of sound mind or minor.

Thus, every plaint should begin with the name of the court in which the suit is brought the same must be written at the head of the plaint.

In the case of relief in a civil suit, there are various kinds of reliefs that can be claimed, 

example recovery of the dead damages of movable property declaration of any right’s specific performance injunction etc.

The plaint should state specifically the relief which the plaintive claim. It is not necessary to ask in general or for other relief that may always be given as the court may think just each relief should be clearly and separately stated.

REASONS FOR WHICH A COURT SHALL REJECT A PLAINT (RULE 11):

A prerequisite for starting a lawsuit is the filing of a plaint. Essentially, the Court treats it as a collection of facts; it is a statement of claims. As a result, each Court must consider the Plaint and determine whether it qualifies for admission.

The clauses in Order VII Rule 11 of the Code are mandatory, and the Court does not have the authority to reject the plaint after the events outlined in the clauses take place. Plaintiff should be given the chance, whenever practicable, to remove the reason for objection before rejecting the plaint. Rule 11 of Order VII, among other rules, lists the several justifications the court may use to reject a plaint. When an application is submitted by Order VII, Rule 11, the court must first assess the application and decide whether or not the plaint is acceptable to be instituted before proceeding.

The grounds listed in Order VII, Rule 11 for a court's rejection of a plaint:

1. When the plaint [Rule 11(a)] fails to state a cause of action: the term cause of action is not defined in the civil procedure code.

 It is described as the grounds (such as a violation of a right) that allow a plaintiff to file a lawsuit. In other words, a cause of action is a circumstance or set of events that gives one person the right to file a lawsuit against another person.

The absence of a cause of action is a legitimate reason to reject the plaint; but, for the court to act on this basis, it must be convinced that the plaintiff would not be entitled to any relief even if all the facts stated in the plaint were accurate.

1. Rule 11(b) states that the relief sought in the plaint is inadequate: The Court may set a deadline for the claim to be amended if the Plaintiff's remedy is undervalued, according to sub-rule (b) of Rule 11 of Order VII of the Code. The plaint may be dismissed by the court. However, under Order VII, Rule 13, the plaintiff may start a new lawsuit with the appropriate valuation.

1. Insufficiently Stamped Plaint: If a Plaint has been written on paper that has not been properly stamped and permitted, the Court may prescribe some to time make good the defect, according to sub-rule (c) of Rule 11 of Order VII of the Code. However, for limitation and court fee payment, the suit or appeal must be deemed as started from the date of presentation of the plaint or memorandum of appeal if the required court fee is paid within the time frame granted by the court.

1. Suit appears to be barred by any law: A lawsuit is likely to be dismissed if it is clear from the statement in the plaint that it is prohibited by the law. This includes a bar that was put in place because a limitation period has passed. In another situation, the plant in a lawsuit against the government will be dismissed by this provision if it fails to specify that a notice as required by Section 80 of the Code has been delivered.

1. Where a plaint [Rule 11(e)] is not submitted in duplicate: A duplicate of the plaint must be filed in accordance with order 4, Rule 1. In the lack of that, the court may reject the complaint
2. When the plaint violates Order VII, Rule 9, [Rule 11(f)]: When the Plaintiff overlooks the requirements of Rule 9—which indicate that the processing fee and copies of the plaint must be filed within seven days of the day the summons was issued to the defendant—the plaint will be dismissed. This looks like a somewhat punitive regulation, as failure to comply with Order VII's Rule 9 leads to the rejection of the plaint.

THE DISTINCTION BETWEEN A LAWSUIT’S DISMISSAL AND A PLAINT’S REJECTION: 

The distinction between the two is that a lawsuit cannot be dismissed for any particular ground. The lawsuit may be dismissed if the summons was not properly served on the defendant. The lawsuit may be dismissed if the summons was not properly served on the defendant. Another reason for dismissing the case is that the court may do so if no side shows up on the day of the hearing. Only in accordance with Order 7 Rule 11 of the Code can a plaint be rejected.

Also Read: Supreme Court Latest Updates

 RELATED CASE LAWS:

1. The Supreme Court ruled in Meenakshi Sundaram Chettiar vs. Venkatachalam Chettiar, 1979 SCR (3) 385, that sub-rule (b) rule 11, requires the Court to dismiss the Plaint when the relief requested is inadequate. The Court may reject the plaint if it determines, based on the evidence at hand, that the Plaintiff's estimate of the value of relief in an accounting suit is undervalued. Therefore, it is imperative that the plaintiff ensure that the valuation is appropriate and reasonable in light of the facts of the case.
2. The plaintiff was supposed to submit the modified plaint along with properly stamped paper in the case of Midnapur Zamindary Co. v. Secretary of State, but the plaintiff failed to do so. In response, the court stated that the plaintiff would not be permitted to alter his plaint, and the plaint was subsequently dismissed. In other situations, the plaintiff may petition to continue the lawsuit as an indigent person if he is unable to pay the required fee.
3. The Hon'ble Supreme Court ruled in R.K. Roja v. U.S. Rayadu & Anr. (2016) 14 SCC 275 that "The application under Order VII Rule 11 may be made at any time, but once the application is filed, the court needs to dispose of the same before proceeding with the trial."
4. T.V. Satyapal v. T. Arivandandam (1977), The apex court in this instance decided that the reading of the averments in the plaint should be both formal and meaningful. Having said that, the court must use the authority granted by Order 7 Rule 11 of the CPC if the plaint is filed effectively and gives the appearance that there is a cause of action although, upon careful reading, it is obvious that there isn't.

TO SUM UP:

The Plaint is what is submitted to the court upon starting a lawsuit. Due care must be taken when drafting it. It must contain all the information outlined in Order VII of the 1908 Code of Civil Procedure. The Plaint can only be rejected if it appears from the statement in the Plaint to be prohibited by any law, according to a perusal of Order VII Rule 11 of the Code. In addition, as mentioned in Order 7 Rule 11, the rejection of a plaint is one of the best remedies for protecting innocent respondents from drawn-out court proceedings and attendant legal battles, as well as preserving the judiciary's valuable time.

Also Read: Legal News