GROUNDS FOR REJECTION OF PLAINT – ORDER VII, RULE 11

A suit is instituted by the presentation of a plaint to the court, which sets the law in motion for the purpose of inquiry or investigation into civil disputes between the parties. However, the plaint may, at any stage of the suit, be returned or rejected—where the suit has been instituted in the wrong forum due to pecuniary or territorial limitations, or on other grounds as explained under Order VII, Rule 11 of the CPC.

RELEVANT PROVISIONS

• Return of plaint: Order VII, Rule 10
  Cross-reference: Sections 6–25 of CPC & Section 11 of the Suit Valuation Act

• Rejection of plaint: Order VII, Rule 11

WHAT IS A PLAINT?

A plaint is a formal legal document containing the claim of the plaintiff and the reliefs sought by the plaintiff for the enforcement of the claim.

OBJECT OF A PLAINT

The plaint sets the legal process in motion, initiating inquiry or adjudication into civil disputes between the parties.

PARTICULARS OF A PLAINT – ORDER VII, RULE 1

The plaint shall include the following details:

a) The name of the court in which the suit is filed
b) The name, description, and residence of the plaintiff
c) The name, description, and residence of the defendant, as far as they can be ascertained
d) A statement if either party is a minor or of unsound mind
e) The facts constituting the cause of action and when it arose
f) Facts showing that the court has jurisdiction
g) The relief which the plaintiff claims
h) Any set-off or portion of claim relinquished by the plaintiff
i) A statement of the value of the subject matter of the suit for the purposes of jurisdiction and court fees, as far as applicable

RETURN OF PLAINT – ORDER VII, RULE 10(1)

“The plaint shall at any stage of the suit be returned to be presented to the court in which the suit should have been instituted.”

This applies when a suit is filed in a wrong forum due to territorial or pecuniary limitations. The rule is mandatory and applies to both suits and appeals.

PROCEDURE FOR RETURNING A PLAINT – ORDER VII, RULE 10(2)

Upon returning a plaint, the judge shall endorse the following on it:

i. The date of its presentation
ii. The name of the party presenting it
iii. A brief statement of the reasons for returning the plaint

The significance of this requirement is that the same plaint can be presented to the appropriate court without needing to file a fresh suit or appeal the order.

REJECTION OF PLAINT

OBJECT

(1999 YLR 2001)
“The object of Order VII, Rule 11 is to save the parties from the rigors of frivolous litigation at the very inception of the proceedings.”

GROUNDS FOR REJECTION OF PLAINT – ORDER VII, RULE 11

A plaint shall be rejected in the following cases:

a) Where it does not disclose a cause of action
b) Where the relief claimed is under-valued, and the plaintiff fails to correct the valuation within the time fixed by the court
c) Where the plaint is written on insufficiently stamped paper, and the plaintiff fails to supply the correct stamp paper within the time granted
d) Where the suit appears from the plaint to be barred by any law (e.g., Section 11 – Res Judicata, Section 47 – Execution of Decrees)
e) Where the suit is filed with deficient court fees (under Sections 4 & 6 of the Court Fees Act)

Upon rejection, the judge shall record an order stating the reasons for such rejection (Order VII, Rule 12).

STAGES WHERE PLAINT MAY BE REJECTED

a) Before issuing summons to the defendant
b) Suo motu by the court
c) At any stage of the suit proceedings

EFFECT OF REJECTION – ORDER VII, RULE 13

The rejection of a plaint on any of the aforementioned grounds does not preclude the plaintiff from filing a fresh plaint on the same cause of action, provided that the new plaint addresses the reasons for the earlier rejection.

CLOSING STATEMENT

The institution of a suit through a properly framed plaint is a foundational step in civil litigation. However, to avoid procedural delays and the risk of summary rejection, it is crucial that the plaint complies strictly with the requirements of the CPC regarding form, jurisdiction, valuation, and stamping. The provisions for return and rejection of plaints serve to maintain judicial efficiency and prevent abuse of legal process by discouraging frivolous or defective filings. Therefore, parties and legal practitioners must ensure meticulous compliance to avoid setbacks and ensure fair adjudication.