Explainer : What Is Order 7 Rule 11 CPC? When Can Plaint Be Rejected?

The presentation of a plaint, i.e. the pleading of the plaintiff in a suit; marks the institution of a civil suit. The Civil Procedure Code, 1908, provides for the remedy of rejection of plaint under Order VII Rule 11, on certain specifically states grounds. Order VII Rule 11 provides: "Court shall reject a plaint: (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 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; (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; (f) where the plaintiff fails comply with the provision of Rule 9. Provided that the time fixed by the court for the correction of the valuation or supplying of the requisite stamp papers 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 papers, 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." Object Rejection of plaint weeds about frivolous, vexatious and improper plaints at the very outset, thus, saving judicial time and resources. It was observed in the case of Azhar Hussain v. Rajiv Gandhi that the entire purpose of conferment of such powers under O7 R 11 is to ensure that a litigation, which is meaningless and bound to prove abortive is not permitted to occupy the time of the courts, and exercise the mind of the respondent. Such a remedy is necessary to put an end to the sham litigation, so further judicial time is not wasted, as observed by the Supreme Court in Hon'ble Supreme Court of India in the case of Dahiben v. Arvindbhai Kalyanji Bhanusal. Grounds of Rejection of Plaint Rule 11 provides for 6 grounds for rejection of plaint, as follows: Non-Disclosure of Cause of Action Cause of action was defined in the case of Bloom Dekor Ltd. vs. Subhash Himatlal Desai & Ors to mean "every fact, which, if traversed, it would be necessary for the plaintiff to prove in order to support his right to a judgment of the Court" The court observed in the case of Church Of Christ Charitable Trust vs M/S. Ponniamman Educational Trust that cause of action refers to a bundle of facts which it is necessary for the plaintiff to prove in order to succeed in the suit." A plaint that doesn't disclose a cause of action has no prospect of succeeding, it is therefore, in the common interest of the parties and also judicial time, that such a plaint be rejected Supreme Court in Raj Narain Sarin (dead) through L.Rs. Vs. Lakshmi Devi r also observed that where the plaint does not disclose a clear right to sue, it is liable for rejection. More recently, in Colonel Shrawan Kumar Jaipuriyar @ Sarwan Kumar Jaipuriyar v. Krishna Nandan Singh And Another, court had rejected the plaint on the ground that it didn't disclose a clear right to sue. Plaint is under-valued Under-valuation of the plaint would have the impact of circumvention around the law on court fees and also the rules related to pecuniary jurisdiction of the court Herein, court is empowered to grant extra time to correct the error of under-valuation, and if the plaintiff doesn't correct even after that, then even in such a situation, by virtue of the proviso to Rule 11, court may further grant extra time in exceptional situations. Plaint is insufficiently stamped To ensure compliance with the mandate of Stamp Act, as well as to secure the revenue interests of the state, this ground provides for rejection in case plaint is insufficiently stamped. However, as in case of under-valued plaint, court may grant extension of time here also under Rule 11(c) and the Proviso. Relief claimed is barred by law In a case where the relied claimed is barred by law, the plaint shall be rejected by the court. The most common example of the same is seen in cases where the plaintiff without following the mandatory requirement of 2-month prior notice under Section 80CPC [herein, a two month-prior notice is to be given to the government before instituting suit against it], is presented, the same is liable to be rejected. In 2022, the Supreme Court in the case of M/S Frost International Limited v. M/S Milan Developers And Builders (P) Limited & Anr observed that the plaint which, in essence, sought the relief of injuncting the defendant from instituting criminal prosecution against the plaintiff under Section 138, Negotiable Instruments Act, 1881, is liable to be...

Explainer : What Is Order 7 Rule 11 CPC? When Can Plaint Be Rejected?

Paras Ahuja

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