REJECTION OF PLAINT: (RULE 11, 12 & 13)
RULE 11 "REJECTION OF PLAINT"
The plaint shall be rejected in the following cases:-
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;
c. where the relief claimed is properly valued, but the plaint is returned 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;
d. where the suit appears from the statement in the plaint to be barred by any law:
e. Where it is not filed in duplicate (inserted by Amendment Act 1999)
f. Where the plaintiff fails to comply with provisions of Rule 9 (substituted by Amendment Act 2002)
Provided that the time fixed by the Court for the correction of the valuation or supplying of the requisite stamp-paper shall not be extended unless the Court, for reasons to be recorded, is satisfied that the plaintiff was prevented by any cause of an exceptional nature from correcting the valuation or supplying the requisite stamp-paper, as the case may be, within the time fixed by the Court and that refusal to extend such time would cause grave injustice to the plaintiff.
Which of the following provisions under the Code of Civil Procedure, 1908, deals with rejection of plaint?
(a) Order 7, Rule 7
(b) Order 7, Rule 8
(c) Order 7, Rule 10
(d) Order 7, Rule 11
Can the court reject the plaint, without an application from a party?
(a) Yes
(b) No
(c) Never
(d) None of the above
In which of the following cases, a 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
(c) Where the relief claimed is properly valued, but the plaint is returned 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
(d) Any of the above
In which of the following cases, a plaint can be rejected?
(a) Where the suit appears from the statement in the plaint to be barred by any law
(b) Where it is not filed in duplicate
(c) Where the plaintiff fails to comply with the provisions of Rule 9
(d) Any of the above
RULE 12 "PROCEDURE ON REJECTING PLAINT"
Where a plaint is rejected the Judge shall record an order to that effect with the reasons for such order.
An order rejecting the plaint
(a) Need not be a speaking order
(b) Must be a speaking order
(c) May or may not be a speaking order
(d) None of the above
RULE 13 "WHERE REJECTION OF PLAINT DOES NOT PRECLUDE PRESENTATION OF FRESH PLAINT"
The rejection of the plaint on any of the grounds hereinbefore mentioned shall not of its own force preclude the plaintiff from presenting a fresh plaint in respect of the same cause of action.
The rejection of the plaint shall not of its own force preclude the plaintiff from presenting a fresh plaint in respect of the same cause of action. The statement is
(a) True
(b) False
(c) Partly correct
(d) None of the above
(I) WHERE PLAINT DOES NOT DISCLOSE CAUSE OF ACTION
If the plaint filed by the plaintiff does not disclose any cause of action, the court will reject it. But in order to reject the plaint on this ground, the court must look at the plaint and at nothing else. For determining whether the plaint discloses the cause of action or not, averments in the plaint alone are relevant and material.
The power to reject a plaint on this ground should be exercised only if the court comes to the conclusion that even if all the allegations set out in the plaint are proved, the plaintiff would not be entitled to any relief. In that case, the court will reject the plaint without issuing summons to the defendants.
The reading of the plaint should be meaningful and not formal. But where the plaint does not disclose cause of action, clever drafting, ritual of repeating words or creation of an illusion cannot insert a cause of action in a plaint.
Again, there is a difference between a plea that the plaint does not disclose a cause of action and a plea that there is no cause of action for instituting a suit.Finally, the plaint can be rejected as a whole if it does not disclose the cause of action. A part of it cannot be rejected.
Can the court reject a part of the plaint?
(a) Yes
(b) No
(c) Depends
(d) None of the above
In which of the following cases, the Supreme Court held that 'it is obligatory upon the court to reject the plaint as a whole under Order 7, Rule 11 (a) of the Code of Civil Procedure, 1908, but the rule does not justify the rejection of any particular portion of a plaint'?
(a) Rooplal Sathi v Nachhattar Singh
(b) Abdulla v Galappa
(c) Amaijit Singh v Khatoon
(d) None of the above
Plaint does not disclose a cause of action
There is no cause of action for instituting a suit.
(II) WHERE RELIEF CLAIMED IS UNDERVALUED
Where the relief claimed by the plaintiff is undervalued and the valuation is not corrected within the time fixed or extended by the court, the plaint will be rejected.In considering the question whether the suit is properly valued or not, the court must confine its attention to the plaint only and should not look at the other circumstances which may subsequently influence the judgment of the court as to the true value of the relief prayed for.
(III) WHERE PLAINT IS INSUFFICIENTLY STAMPED
Sometimes the relief claimed by the plaintiff is properly valued, but the plaint is written upon a paper insufficiently stamped and the plaintiff fails to pay the requisite court fees within the time fixed or extended by the court. In that case, the plaint will be rejected.
However, if the requisite court fee is paid within the time extended by the court, the suit or appeal must be treated as instituted from the date of presentation of plaint or memorandum of appeal for the purpose of limitation as well as payment of court fee.
If the plaintiff cannot pay the court fees, he may apply to continue the suit as an indigent person. [Or. 33.]
(IV) WHERE SUIT IS BARRED BY LAW
Where the suit appears from the statements in the plaint to be barred by any law, the court will reject the plaint.
For instance, where in a suit against the government, the plaint does not state that a "notice" as required by Section 80 of the Code has been given, the plaint will be rejected under this clause.
But where waiver of such notice is pleaded, the court cannot reject the plaint without giving the plaintiff an opportunity to establish that fact.
Likewise, if the plaint itself shows that the claim is barred by limitation, the plaint can be rejected.
In a suit against the government, the plaint does not state that a 'notice' required under section 80 of the Code of Civil Procedure, 1908, has been given. The court rejected the plaint. It is
(a) Legal
(b) Illegal
(c) Improper
(d) Irregular
When the plaint shows that the claim is barred by limitation, the plaint is to be
(a) Returned
(b) Rejected
(c) Dismissed
(d) None of the above
(v) WHERE PLAINT IS NOT IN DUPLICATE
According to Or. 4 R. 1(1) the plaint has to be filed in duplicate. If the said requirement is not complied with the plaint will be rejected. [Or. 7 R.11(e).]
(VI) WHERE THERE IS NON-COMPLIANCE WITH STATUTORY PROVISIONS?
Where the plaintiff fails to comply with the provisions of Rule 9, the plaint will be rejected. [Or. 7 R. 11(f).]
(VII) OTHER GROUNDS
The grounds for rejection of plaint specified in Rule 11 of Order 7 are not exhaustive. On other relevant grounds also a plaint can be rejected.Thus, if the plaint is signed by a person not authorised by the plaintiff and the defect is not cured within the time granted by the court, the plaint can be rejected. [Radakishen v. Wali Mohammed, AIR 1956 Hyd 133: ILR1956 Hyd 514.]
Likewise, where the plaint is found to be vexatious and meritless, not disclosing a clear right to sue, the court may reject the plaint under this rule.
The grounds for rejection of a plaint specified under Rule 11 of Order 7 of the Code of Civil Procedure, are
(a) Exhaustive
(b) Not exhaustive
(c) Exclusive
(d) None of the above
(VIII) PROCEDURE ON REJECTION OF PLAINT: RULE 12
Where a plaint is rejected by a court, the judge will pass an order to that effect and will record reasons for such rejection. [R.12.]
(IX) EFFECT OF REJECTION OF PLAINT: RULE 13
If the plaint is rejected on any of the above grounds, the plaintiff is not thereby precluded from presenting a fresh plaint in respect of the same cause of action. [R.13.]
If a plaint is rejected on the ground that it does not discloses a cause of action. Can the plaintiff present a fresh suit on the same cause of action?
(a) Yes
(b) No
(c) Never
(d) None of the above
(X) APPEAL
An order rejecting a plaint is a deemed "decree" within the meaning of Section 2(2) of the Code, and, therefore, is appealable. [S. 96.]
DOCUMENTS RELIED ON IN PLAINT: RULES 14-17
RULES 14 TO 17 DEAL WITH THE PRODUCTION OF DOCUMENTS BY THE PLAINTIFF.
RULE 14 "PRODUCTION OF DOCUMENT ON WHICH PLAINTIFF SUES"
1. Where a plaintiff sues upon a document in his possession or power, he shall produce it in Court when the plaint is presented, and shall at the same time deliver the document or a copy thereof to be filed with the plaint.
2. Where any such document is not in the possession or power of the plaintiff, he shall, wherever possible, state in whose possession or power it is.
3. A document which ought to be produced in Court by the plaintiff when the plaint is presented, or to be entered in the list to be added or annexed to the plaint but is not produced or entered accordingly, shall not, without the leave of the Court be received in evidence on his behalf at the hearing of the suit.
4. Nothing in this rule shall apply to document produced for the cross examination of the plaintiffs witness, or, handed over to a witness merely to refresh his memory.
Rule 14 enjoins the plaintiff to produce at the time of the presentation of a plaint copies of all documents on which he sues or seeks to rely. It also provides for the consequences of non-production of documents. It lays down that a document which ought to be produced in the court by the plaintiff when the plaint is presented or to be entered in the list to be added or annexed to the plaint, and is not produced or entered accordingly, shall not, without the leave of the court, be received in evidence on his behalf at the hearing of the suit.
SUDHIR KUMAR V. BANK OF INDIA, AIR 1991 PAT 267;
RAMACHANDRA DAS V. HIRALAL MODI, AIR 1978 ORI 172.
The object underlying Rule 14 is to exclude the production of documents of a doubtful nature at a later stage. The court has wide discretion to allow or disallow production of documents at a later stage having regard to the facts and circumstances of each case.
This provision, however, does not apply to the following documents:
i. Documents reserved for the purpose of cross-examination of the defendant's witnesses; or
ii. Documents handed over to a witness merely to refresh his memory. [R.14(4).]
If a document, which ought to be produced in the Court along with the pleadings, is not produced, under Order VII, Rule 14(3) of C.P.C. at the hearing of the suit
a) The same shall not be received in evidence on behalf of the plaintiff
b) The same shall not be received in evidence on behalf of the defendant
c) The same shall not be received in evidence on behalf of third party
d)None of the above
The documents on which the plaintiff relies upon in support his claim shall be filed by him in the court
a) along with the plaint
b) within seven days from the date of order by the court for issue of summons.
c)on the date fixed for forming of issues by the court.
d)at the time or before the hearing of the suit.
