Rejection of plaint order 7 rule 11 cpc

Shivendra Pratap Singh

Advocate

High Court Lucknow

Article

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Order 7 Rule 11 of the Code of Civil Procedure (CPC) in India provides for the rejection of a plaint (the document that initiates a civil lawsuit) under certain circumstances. It empowers the court to dismiss or reject a plaint at the initial stage of the proceedings without allowing the case to proceed to trial. The rule states:

“Order 7 Rule 11: Rejection of plaint—The plaint shall be rejected in the following cases:

  1. where it does not disclose a cause of action;
  2. 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;
  3. where the relief claimed is properly valued, but the plaint is written upon paper insufficiently stamped, and the plaintiff, on being required by the Court to supply the requisite stamp-paper within a time to be fixed by the Court, fails to do so;
  4. where the suit appears from the statement in the plaint to be barred by any law;
  5. where it is not filed in duplicate;
  6. where the plaintiff fails to comply with the provisions of Orde VII Rule 9

Under Order 7 Rule 11, the court has the authority to reject a plaint if it falls within any of the listed categories. This includes situations where the plaint fails to disclose a cause of action, the relief claimed is undervalued, the plaint is improperly stamped, the suit is barred by law, the plaint is not filed in duplicate, or the plaintiff fails to comply with the provisions of Rule 9 (which deals with the content of the plaint).

It is important to note that the court’s power to reject a plaint under Order 7 Rule 11 is discretionary, and the court must provide reasons for rejecting the plaint. If a plaint is rejected, the plaintiff may have the opportunity to rectify the deficiencies and file an amended plaint or pursue alternative legal remedies

Cause of action

In legal terms, a cause of action refers to the legal grounds or basis upon which a person brings a civil suit or initiates a legal action against another party. It is the legal theory or claim that forms the foundation for seeking a remedy or relief from the court.

To establish a cause of action in a civil suit, certain elements must typically be met, depending on the specific area of law involved. These elements may include:

  1. Legal Duty: The defendant must have owed a legal duty or obligation to the plaintiff. For example, in a negligence case, the defendant must have had a duty to act reasonably and not cause harm to the plaintiff.
  2. Breach of Duty: The plaintiff must demonstrate that the defendant breached or failed to fulfill their legal duty. This means the defendant did not meet the standard of care or violated an established legal obligation.
  3. Causation: The plaintiff must establish a causal connection between the defendant’s breach of duty and the harm suffered. The defendant’s actions or negligence must have directly caused the plaintiff’s injuries or damages.
  4. Damages: The plaintiff must have suffered some form of harm, whether it’s physical injury, financial loss, emotional distress, or damage to property. Without actual damages, it is difficult to maintain a cause of action.

It’s important to note that the specific elements of a cause of action can vary depending on the jurisdiction and the area of law. Different legal theories or causes of action exist for different types of civil suits, such as contract disputes, personal injury claims, property disputes, defamation cases, and more.

Cause of action is a necessary element for filing a civil suit

The cause of action is a necessary element for filing a civil suit. A cause of action is the legal basis or claim upon which a plaintiff brings a lawsuit against a defendant. It outlines the specific legal theory under which the plaintiff seeks a remedy or relief from the court.

When initiating a civil suit, the plaintiff must identify a valid cause of action that meets the legal requirements of the jurisdiction and the area of law involved. The cause of action sets forth the allegations and legal elements that the plaintiff must prove in order to succeed in the lawsuit.

Without a valid cause of action, a civil suit may be dismissed by the court. It is essential to establish a legally recognized claim or cause of action that provides a sufficient basis for the court to adjudicate the dispute and grant the requested relief.

Rejection of plaint when suit is barred by law

When a suit is said to be barred by law, it means that the legal system prohibits or prevents the filing or continuation of a lawsuit due to certain legal limitations or restrictions. These limitations can arise from various sources, such as statutes of limitations, procedural rules, or substantive laws.

Here are a few common situations where a suit may be barred by law:

  1. Statute of Limitations: Most legal systems impose a time limit within which a lawsuit must be filed. If the plaintiff fails to initiate legal action within the specified time period, known as the statute of limitations, the suit may be barred. The purpose of statutes of limitations is to encourage timely resolution of disputes and prevent the filing of stale claims.
  2. Res Judicata or Claim Preclusion: Res judicata, also known as claim preclusion, refers to the principle that a final judgment on the merits of a case prevents the same parties from relitigating the same cause of action. Once a claim has been finally adjudicated, the parties are typically barred from bringing the same claim in a subsequent lawsuit.
  3. Procedural Barriers: Laws and procedural rules require parties to follow specific procedures and meet certain requirements when filing a lawsuit. Failure to comply with these rules, such as not properly serving the defendant, not meeting the jurisdictional requirements, or not following the prescribed timelines, can result in the suit being barred.
  4. Immunity or Sovereign Immunity: In some cases, certain entities or individuals, such as government agencies or officials, may enjoy immunity from civil suits. This immunity can be based on constitutional provisions, statutes, or common law principles and may limit or bar the ability to bring a lawsuit against them.

When a suit is said to be undervalued

In the context of the Code of Civil Procedure (CPC) in India, a suit is considered to be undervalued when the value assigned to the relief sought by the plaintiff is lower than its actual worth or the proper valuation as per the law. The undervaluation of a suit may have implications on court fees, jurisdiction, and the overall determination of the suit.

Order 7 Rule 11(b) of the CPC states that a plaint can be rejected if the relief claimed is undervalued and the plaintiff, upon being required by the court to correct the valuation within a given time, fails to do so. This provision aims to ensure that the proper court fees are paid and that the suit is filed in the appropriate court based on its value.

The court has the authority to assess whether the value assigned to the relief claimed in the plaint is accurate or if it needs adjustment. If the court determines that the suit is undervalued, it may direct the plaintiff to correct the valuation within a specified timeframe.

The correction typically involves paying additional court fees to reflect the true worth of the relief sought. If the plaintiff fails to comply with the court’s directive or does not correct the valuation within the given time, the court may reject the plaint under Order 7 Rule 11(b).

It’s important for plaintiffs to accurately evaluate the value of their claims and comply with any court directions regarding valuation to avoid the risk of rejection on the grounds of undervaluation. Consulting with a legal professional can provide guidance on correctly valuing the relief sought and fulfilling the requirements of the CPC.

Order VII Rule 9 CPC

Order 7 Rule 9 of the Code of Civil Procedure (CPC) in India pertains to the content and requirements of a plaint, which is the document that initiates a civil lawsuit. This rule outlines the essential elements that must be included in a plaint. The provisions of Order 7 Rule 9 CPC are as follows:

“Order 7 Rule 9: Contents of plaint—The plaint shall contain the following particulars:

(a) the name of the court in which the suit is brought;

(b) the name, description, and place of residence of the plaintiff;

(c) the name, description, and place of residence of the defendant, so far as they can be ascertained;

(d) where the plaintiff or the defendant is a minor or a person of unsound mind, a statement to that effect;

(e) the facts constituting the cause of action and when it arose;

(f) the facts showing that the court has jurisdiction;

(g) the relief which the plaintiff claims;

(h) where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so allowed or relinquished; and

(i) a statement of the value of the subject-matter of the suit for the purposes of jurisdiction and of court-fees, so far as the case admits.”

According to Order 7 Rule 9, a plaint must include the following information:

(a) Court name: The name of the court in which the suit is being filed.

(b) Plaintiff’s particulars: The name, description, and place of residence of the plaintiff.

(c) Defendant’s particulars: The name, description, and place of residence of the defendant, to the extent they can be ascertained.

(d) Mention of minors or persons of unsound mind: If the plaintiff or defendant is a minor or a person of unsound mind, it should be stated in the plaint.

(e) Cause of action: The facts that establish the cause of action, including when it arose.

(f) Jurisdiction of the court: The facts that demonstrate that the court has jurisdiction over the matter.

(g) Relief sought: The specific relief or remedy that the plaintiff is claiming.

(h) Set-off or relinquishment: If the plaintiff has allowed a set-off or relinquished a portion of their claim, the amount should be mentioned.

(i) Value of the subject matter: A statement indicating the value of the subject matter of the suit for the purpose of jurisdiction and court fees, to the extent possible.

These provisions are meant to ensure that the plaint contains all the necessary information to properly initiate the lawsuit and enable the court to determine jurisdiction and relevant legal considerations.

It is advisable to consult with a legal professional to ensure compliance with the specific requirements of Order 7 Rule 9 CPC and to properly draft the plaint in accordance with the applicable laws and regulations.