Monday, 24 January 2022

Rejection of Plaint

 Rejection of Plaint

BY: Bishrant Khatiwada, SLS, Pune, Email: bishrantkhatiwada0@gmail.com

The Civil Procedure Code (CPC) governs the filing and handling of civil lawsuits. Nowhere in the CPC is it specified what constitutes a "rejection of plaint," yet Order 7 Rule XI lists the grounds for a plaint's rejection. It specifies four reasons for dismissing a complaint. 

Rejection of the plaint- this section lays forth the reasons for dismissing the plaint:—

(a) if a cause of action is not disclosed;

(b) when the remedy sought is undervalued and the plaintiff fails to alter the valuation within a reasonable period after being ordered by the Court to do so;

(c) if the remedy sought is correctly valued, but the plaint is returned on inadequately stamped paper, and the plaintiff fails to furnish the needed stamp-paper within a reasonable time after being ordered by the Court to do so;

(d) if the claim appears to be precluded by law based on the plaint's declaration.

Grounds on which plaint is rejected

  1. If the plaintiff fails to identify the circumstances that give him the right to seek redress against the defendant, as well as the requisite facts to substantiate the defendant's wrongdoing against the plaintiff, the plaint can be dismissed which was affirmed in case of S.M.P. Shipping Services Pvt. Ltd V. World Tanker Carrier Corporation (2000).

  2.  Where the plaintiff's claim for relief is devalued, or where the plaintiff fails to repair the situation on the court's order within a reasonable time.

  3. When a plaint is legally valued and relief is granted under it, but the plaint is dismissed due to inadequate paperwork or papers that are not properly certified or stamped, or when the plaintiff fails to file the plaint in compliance with the Court-fees Act.

  4. When a lawsuit is filed after a certain period of time has passed.

  5. The plaintiff must file a duplicate file of the plaint in every suite. The plaint is dismissed if this criteria is not met.

  6. The plaint might be dismissed if the plaintiff fails to act in line with Rules 7 and 9.

Provisions for rejection of plaint:

  1. Order 7 Rule 12; "For the rejection of a plaint, the judge should record an order with valid reasons for issuing such judgement," says the procedure. When a court dismisses a complaint, it's critical to keep track of the reasons."As a result, in the event that the plaint is dismissed, the court must record an order. The court should also take note of the reasons for the refusal.

  2. Order 7 Rule 13; "The rejection of the plaint on any of the reasons hereinbefore indicated shall not of its force bar the plaintiff from bringing a new plaint in respect of the same cause of action."If the plaint is dismissed for any of the reasons listed in Order 7 Rule XI, the plaintiff is not barred from filing a new plaint for the same cause of action.

Modes of Rejection of Plaint

  1. The defendant can file an application, which might be in the form of an interlocutory application, at any point throughout the proceedings.

  2. Suo Moto rejection is possible under Order VII Rule 1. A Suo Moto denial signifies that if the above-mentioned requirements are met, the court can try a case on its own initiative.

In case of Kalepur Pala Subrahmanyam v. Tiguti Venkata. (1971), it was held that the complaint cannot be rejected in part and accepted in part. It is rejected in its entirety. Whereas in another case of Sopan Sukhdeo Sable V. Asstt. Charity Commr. (2004), An application filed under Order 7 Rule XI with the mala fide aim to induce a delay in the case is denied. In case of Bibhas Mohan Mukherjee v. Hari Charan Banerjee (1961), the Calcutta highcourt said that because the order dismissing a plaint is a court judgement, it can be appealed.

In conclusion, One of the most significant documents is the Civil Procedure Code of 1908. It explains the civil litigation process in depth. It is critical to have a thorough comprehension of each and every provision. Order 7 Rule XI enumerates some of the grounds for dismissing a plaint. The word'shall' in the regulation makes it necessary for the court to dismiss the plaint if any of the conditions are met. It is also critical for the court to keep track of the reasons for whatever decision it makes in order to dismiss the complaint. Furthermore, just because a plaintiff's complaint is dismissed by the court does not mean the plaintiff is barred from pursuing the same claim in the future. He is not prevented from launching another suit on the same subject matter in the future.


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