In order to institute a lawsuit in the Civil and Commercial Courts, a plaint is submitted. The provisions of the Code will apply to a court hearing civil cases. The provisions of the court’s rejection of the plaint are envisioned in order 7 rule 11 cpc bare act of the Civil Procedure Code.
order 7 rule 11: About
Provisions pertaining to all civil litigation types are found in the Code of Civil Procedure. In accordance with this Code, the court must decide whether or not a civil matter brought in court can be maintained. One of the following three actions by the court upon its determination of maintainability:
- Acknowledge the complaint,
- Reject the plaint and
- Give it back to the person who filed the lawsuit or the plaintiff.
order 7 rule 11 cpc provisions
Order 7 rule 11 cpc talks about provisions for rejection of plaint. The following circumstances will result in the plaint being rejected:
- As per order 7 rule 11(a) of cpc if it fails to identify a cause of action;
- As per order 7 rule 11 (b) of cpc the relief claimed is undervalued, and the plaintiff fails to provide the required valuation within the time frame set by the court;
- As per order 7 rule 11 (c) of cpc when the plaintiff fails to provide the necessary stamp paper within a timeframe set by the court, notwithstanding the fact that the remedy sought is appropriately valued and the plaint was returned on inadequately stamped paper;
- As per order 7 rule 11 (d) of cpc in cases when the plaint’s declaration suggests that the claim is legally barred:
With the caveat that the deadline set by the court for correcting the valuation or providing the necessary stamp paper cannot be postponed unless the court determines, for reasons to be documented, that the plaintiff was hindered from correcting the valuation or providing the necessary stamp paper, as applicable, within the deadline and that the plaintiff would suffer grave injustice if the deadline were to be missed.
latest judgement of supreme court on order 7 rule 11 cpc
- In the case of Raghwendra Sharan Singh v Ram Prasanna Singh, the plaintiff filed a challenge to the gift deed about 22 years from the date of execution, giving rise to the cause of action. The plaintiff in this case has contested the gift deed on the grounds that it is a fake and a showpiece, and as such, it is not legally binding.
After hearing arguments from both sides and considering the case’s circumstances, the Honorable Supreme Court declared that the Limitation Act of 1963 expressly forbids this lawsuit. Additionally, in accordance with Code Order 7 Rule 11, the plaint must be denied.
- In the case of Dahiben v Arvindbhai Kalyani Bhanusali, the aggrieved party took this matter to the Supreme Court, where the identical ruling was made, after the trial court and the Gujarat High Court had both dismissed the plaint application.
It was established that the court may reject the plaint if it determines that the lawsuit is without merit, pointless, or both. Furthermore, the plaint ought to be dismissed as soon as possible in order to put an end to this kind of fictitious litigation if it turns out that it was skillfully written and gives the impression of a cause of action.
remedy against rejection of application under order 7 rule 11
Review of Application
- Analyze the order thoroughly and notice the specific grounds the court provided for rejection.
- You may ask for rectification or apply for review if you discover any procedural mistakes or misinterpretations.
Submit a New Application
- You could think about presenting a new and modified application if the rejection had been based solely on technical reasons and had absolutely nothing to do with the merits of the case.
Go For an Appeal
- You can file an appeal to the order, according to the reasons for the rejection.
- If the court decides not to approve your application, you have the chance to appeal the decision to a higher court.
Complying with Orders of the Court
- Make sure you implement any particular instructions or directives the court could have provided regarding the rejection.
- This could include fixing errors or providing further information as requested.
The Civil Procedure Code is a comprehensive statute that addresses every step of the process that all Indian civil courts must adhere to. The court filing process begins with the plaint. It must be drafted with careful consideration. All of the information specified in Order 7 of the Code must be included.
In addition, Order 7 Rule 11’s rejection of a plaint is one of the best ways to protect innocent respondents from drawn-out court disputes and the legal battle that goes along with them, all while sparing the courts valuable time.
In conclusion, the court may dismiss a plaint by issuing an order specifying the reasons for its deficiency if it is flawed on any of the grounds listed in Order 7 Rule 11 cpc.
