1.
Introduction
It
is a first duty of 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 the court to take consideration other materials too, order 7
Rule 11 of CPC narrate cases where plaint should be rejected.
2.
Relevant Provisions
Following
are the relevant Provisions
(i)
Order 7 Rule 11 of CPC
(ii)
Cross Reference ; (a) Section 148, 149 of CPC , (b) Order 41 Rule 3 of CPC,
(c) Section 4, 6, 12, 28 of Court fees act 1870 , (d) Section 11 of suit valuation act 1877
3. Rejection of Plaint under Order 7 Rule 11
Text
of order 7 Rule 11 of CPC
(a)
Where it does not disclose a cause of action
(b)
Where the relief claimed is undervalued, and the plaintiff, on being
required by the court to correct the valuation within a time to be fixed by the
court, fails to do so,
(c) Where the relief claimed is properly valued, but
the plaint is written upon paper insufficiently stamped, and the plaintiff, on
being require by the court to supply the requisite stamp-paper within a time to
be fixed by the court, fails to do so;
(d) Where the suit appears from the statement in the
plaint to be barred by any law
4. Modes of Rejecting Plaint
A plaint may be rejected either by
(i) An application of the defendant
(ii) Suo motu by the court if it is liable to be
rejected under order 7 Rule 11.
5. Grounds of Rejecting Plaint
Following are the grounds of rejecting plaint under order 7
Rule 11 of CPC
(i) Plaint not disclosing cause of action
It is a duty of plaintiff that he must be described the cause
of actions in his plaint. He must be written of plaint, when arises cause of
action and where arises cause of actions. The court readily exercise the power
to reject a plaint if it does not the disclose any cause of action.
(ii) Claimed relief is under valued
If the court is of opinion that the plaintiff valuation of
suit is fictitious, it can require him to make a correct valuation, and shall
allow time for correction and can reject a plaint on his failure to do so.
(iii) Plaint is insufficiently stamped
Every suit is instituted by filing of the plaint one of the requirements
for the proper institution of the suit is that the plaint must be properly
stamped for the purposes of the court fees under the court Fee Act, 1870. If
the plaint is insufficient stamp, the court reject the plaint under order 7 rule
11 of CPC and give a sufficient time to solve the cause of failures.
Conclusion
I say, I include that for purpose of determination whether
plaint discloses a cause of action or not, court has to presence 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 made in the plaint are proved, plaintiff would not be
entitled to any relief what so ever.
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