Two modes of rejecting plaint The Defendant can file an application in the form of Interlocutory Application in any stage of proceedings. Suo moto rejection under order 7 rule 11. Suo moto means own its own motion the court can itself try a suit under order 7 rule 11 if the plaint fulfils the conditions above discussed. The article envisages the grounds for the rejection of plaint, landmark cases and the sample draft application for the rejection of the plaint. It has been published by Rachit Garg. Background What is Order 7 Rule 11 Difference between rejection of plaint and return of plaint The object of Order 7 Rule 11 Nature of Order 7 Rule 11: non-exhaustive
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The plaint is filed for the institution of the suit in the Civil/Commercial Courts. A court dealing with civil matters will be governed by the provisions of. f2/18/2020 Rejection of Plaint - Sample Application under Order 7, Rule 11 CPC. 6. That the plaintiff on the other hand has categorically contended in his pleading vide. paragraph no.11 that the defendant is not a tenant. The relevant portion of the pleading has. Rule 11 (a) essentially lays down that a plaint is liable to be rejected by the court if such a cause of action, upon which the whole suit is founded is not specified therein. Order II, Rule 2 of. Application for Rejection of Plaint under Order VII Rule 11 of the Code of Civil Procedure can be filed at any stage and the Court has to dispose of the same before proceeding with the trial, the Apex Court has reiterated in ROJA VS. U. S. RAYU. An order rejecting a plaint is a decree and hence is Appealable.
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Supreme Court: The bench of L. Nageswara Rao and BR Gavai*, JJ has lucidly explained the law on rejection of plaints under Order VII Rule 11 of CPC for want of cause of action and has held that in each the question that will have to be considered is as to whether the reliefs as claimed in the plaint by the plaintiffs could be granted or not and if none of the reliefs sought in the plaint can. Order 7 Rule 11 of CPC lays down instances when a plaint should be rejected. It includes rejection of plaint :-. (i) when it does not disclose a cause of action, (ii) where the plaint is. A Plaint is a legal document that contains the content of any civil suit which shows the Plaintiff's claim after filing suit. The plaint is the first step of the Plaintiff in the form of a legal document for the commencement of suit and it shows what a Plaintiff wants from that suit. The concept of a plaint is mentioned in the Civil Procedure Code. Format/Draft/Specimen: Application under order 7 Rule 11 CPC for rejection of plaint. IN THE COURT OF MR. _____LEARNED CIVIL JUDGE, LAHORE. In Re: _____ V E R S U S _____. That through the instant application, the applicant humbly seeks indulgence of this Learned Court for rejection of the plaint inter-alia on the following:.
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The Respondent Nos. 2 and 3 filed an application seeking rejection of the plaint under Order VII Rule 11(a) and (d) of the CPC, contending that the Suit filed by the Plaintiff was barred by limitation and that no cause of action was made out in the plaint.. Litigants may pursue the option of seeking rejection of a plaint at the threshold, if. Rejection of plaint- the section specifies the grounds under which the plaint can be rejected:— (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;
Application for rejection of plaint on the ground that the same had not been filed by a proper person as the alleged power-of-attorney given by the plaintiff, a foreign company, had not been attested and executed before the Pakistan Embassy in the said country and that the Board of Directors had not passed a resolution authorizing the person to. Supreme Court: In an appeal involving question regarding correct application of the principle underlying the 'rejection of plaints' under Order VII Rule 11 of Civil Procedure Code, 1908 ('CPC') and legality of rejection of a plaint in part, the Division Bench of Pamidighantam Sri Narasimha and Sudhanshu Dhulia, JJ. set aside Karnataka.
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Rejection of Plaint can be in the following cases:- 1. Where the plaint does not disclose the cause of action:- 2. Where the relief claimed is undervalued:- 3. Where plaint is insufficiently stamped:- 4. Where the suit is barred by law:- 5. Where plaint is not in duplicate:- 6. Where there is non-compliance with the statutory provision:- 7. Application for rejection of plaint on the ground of limitation. There can be no doubt. that if a suit is on the face of it barred by limitation it can be rejected. under Order VII Rule 11 (d) of the Code. In such a case it is not necessary. to push the parties to trial merely because limitation is mixed question of. fact and law.
