Rejection of plaints under civil procedure code, order 7. The main act comprises of 11 parts rules are framed under part 10 under section 121 rules shall have effect as if enacted in the body of code. Appearance of parties and consequence of nonappearance. Amendment of pleadings the court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy.
The plaintiff filed a recovery suit against the defendant petitioner on account of selling them wooden furniture. Where the subjectmatter of the suit is immovable property. The code of civil procedure tells us the rules of the civil courts commercial courts. If the suit is barred by law then the opposite party file a petition asking for rejection of case of the petitioner under order 7 rule 11 of cpc. Conclusion thus on the application to sue as indigent person being granted, the plaintiff shall not be liable to pay court fee and in case he is not represented by a pleader, the court may assign a pleader. Order vii, rule 11 cpc rejection of plaint pleading cause of. It is a procedural law related to the administration of civil proceedings.
You may in this regard rely on a very recent judgment of a full bench of andhra pradesh high court in the case of molugu ram reddy vs molugu vital reddy reported in. Order vii cpc rule 7, 8, 9, 10, 11, 12 plaint order 7. The contents of order vii, rule 11 of the code of civil procedure, 1908 is reproduced hereinbelow. Order i rule 1 of code of civil procedure, 1908 states that. D constitution of india 1950, article 227 high courts jurisdiction, under code of civil procedure, 1908 as amended w. The civil procedure code cpc deals with the procedure and dealing of the civil suits. Single judge of this court observed thus, order 7 rule 11 of the civil procedure code contemplates that where the suit appears from the averments made in the plaint to be barred by any law, then the plaint can be rejected.
Code of civil procedure order 7 rule 11 it has been held by the court in a number of cases that at the initial stage of the suit, only the allegations made in the plaint are to be looked into while determining whether the court has jurisdiction to try the suit or not. Code of civil procedure 1908 it comprises of main act and the rules framed under section 121 cpc. Civil procedure code, 1908, section 151, order 7, rule 11 rejection of plaint frivolous litigation plaint can be rejected us 151 cpc even in the absence of available grounds u. Provincial small cause courts the following provisions shall not extend to courts constituted under the. It appears you want to know about the order 7 rule 11 of cpc which speaks of rejection of plaint. Rule 11 says that the plaint will be rejected in the following. Civil procedure code 1908 cpc indian laws bare acts. Order for stay not yet enforced by the court when the case was filed. Order 37 cpc is one of the best provisions in the hands of a proposed plaintiff, wanting to institute a civil suit. An order dismissing a plaint under order 7 rule 11 is a decree and hence appealable under s. Dear sirmadam, i have a sale deed which was done by my father and the legal heirs of the property.
Civil procedure code, 1908, order 7, rule 11, civil procedure code, 1908, order 6, rule 16 rejection of plaint and striking out pleadings two separate applications court considered application u. Rejection of plaint the plaint shall be rejected in the following cases. Under the cpc nowhere has it been defined that what is rejection of plaint but grounds on which a plaint is rejected are mentioned under order 7 rule xi. Link to civil procedure code code of civil procedure,1908. Find out order 7 rule 11 of cpc, 1908 with grounds for rejection of plaint, landmark cases and the sample draft application for rejection of the plaint. Preamble the limitation act, 1908 ix of 1908 7th august 1908. The direction made by the court under sub rule 1 shall be without any prejudice to the rights of the parties to question the jurisdiction of the court, in which the plaint is filed, to try the suit.
The high court of calcutta has added another ground for rejection of the plaint, viz. The direction made by the court under subrule 1 shall be without any prejudice to the rights of the parties to question the jurisdiction of the court, in which the plaint is filed, to try the suit. Rejection of plaints under civil procedure code, order 7 rule 11 with. Civil procedure code, 1908 cpc order 7, rule 11 application for rejection of plaint, such application can be decided by the court on the basis of averments made in the plaint and for that purpose, filing of written statements by the defendant will not be necessary for exercising such power under order 7, rule 11. Rishabh kumar, icfai law school, dehradun, intern at vohra and vohra, delhi. The article envisages the grounds for rejection of plaint, landmark cases and the sample draft application for the rejection of the plaint. An act to consolidate and amend the laws relating to the procedure of the courts of civil judicature. Cpc civil procedure code, 1908 bare act, bare act pdf. Civil procedure code 1908 1st page civil procedure code 1908 2nd page civil procedure code 1908 3rd page. Cpc order xxxi to schedule v format of a suit for specific performance of a contract important points to remember as per order vi pleading and order vii plaint cpc, every plaint must contain the following things. Code of civil procedure 1908 order 7 rule 11 page 2. Before us, it is stated that the plaint is liable to be rejected under clauses a and d of rule 11 of order 7 cpc. Code of civil procedure 1908 order 7 rule 11 judgments.
It is a procedure, which is used, in civil matters. Rule 7 order vii of code of civil procedure 1908 relief to be specially every plaint shall state specifically the relief which the plaintiff claims either simply or in the alternative, and it shall not be necessary to ask for general or other relief which may always be given as the court may think just to the same extent a if it had been. Code of civil procedure, 1908 law firm in pakistan. The code of civil procedure, 1908 with commentary by aamer raza ahmad khan. Appearance before the conciliatory forum or authority. The following provisions shall not extend to courts cons provincial small cause. Civil procedure code, 1908 cpc order 39 rule 1, order. Refusal to heed the order is to invite the wrath of the court under o11r21 of the cpc. Code of civil procedure 1908 punjab judicial academy. Order 11, rule 16 cpc bare act, bare act pdf, law notes, q. Legal provisions of order vii of code of civil procedure. Rejection of plaint under civil procedure code legodesk.
Void order, erroneous order an decree obtained through fraudstarting point of limitation. Gopi krishna agrawal, air 20 sc 3099 section 8 see. Sc 1153 observed that the provisions of section 11 of the code of civil procedure are not exhaustive with respect to all earlier decision operating as res. Rule 1, sub rule 2 makes it applicable to all suits upon bills of exchange, hundies and promissory notes or the ones in which a plaintiff seeks only to recover a debt or liquidated demand in money.
Rejection of plaint is done under certain grounds which are enumerated under order 7 rule xi. Code of civil procedure 1908 order 7 rule 11 page 12. Rule 9 order vii of code of civil procedure 1908 procedure on admitting plaint concise statements 1 the plaintiff shall endorse on the. Find out order 7 rule 11 of cpc,1908 with grounds for rejection of plaint, landmark cases and the sample draft application for rejection of the. In this article, he discusses the order 7 rule 11 of the code of civil procedure, 1908. Order vii cpc rule 1, 2, 3, 4, 5, 6 plaint order 7 cpc 1908. May 03, 2015 it is a first duty of court, before which a suit is instituted to properly examine the plaint, for the purpose of determining, whether it should be returned, or rejected and in order to determine, the question of rejection it is the responsibility the court to take consideration other materials too, order 7 rule 11 of cpc narrate cases where plaint should be rejected. Civil procedure code, 1908 is one of the most important document. Doctrine of res judicata and maintainability of suits papers in the.
Rejection of plaints under civil procedure code, order 7 rule. Mar 22, 2017 appearance of parties and consequence of nonappearance order ix of cpc practical insights. Whereas it is expedient to consolidate and amend the laws relating to the procedure of the courts of civil judicature. Civil procedure code, 1908 cpc order 39 rule 1, order 39 rule 2, order 7 rule 11 rejection of plaintquestion of rejection of a plaint can be decided by the court suo motu without any application by the defendant and that also at any stage of the proceedings. Rule 4 order vii of code of civil procedure 1908 when plaintiff sues as representative where the plaintiff sues in a representative character the plaint shall show not only that he has an actual existing interest in the subjectmatter, but that he has taken the steps if any necessary to enable him to institute a suit concerning it. Plaint can be rejected if suit is clearly barred by. Short title, commencement and extent 1 this act may be cited as the code of civil procedure, 1908. The appellant filed an application under order 7 rule 11 of the code of civil procedure, 1908 for short cpc in the suits praying the court to dismiss the suits on the ground stated therein. Order vii cpc rule 1, 2, 3, 4, 5, 6 plaint order 7. This article is written by suryansh verma, a 3rdyear student at dr ram manohar lohiya national law university, lucknow.
Order vi, rule 17 of the code of civil procedure, 1908 reads as under. Rejection of plaint sample application under order 7. Rejection of plaint modes, grounds and provisions under the cpc. Though the joinder of parties rests upon the discretion of court, order 1 rule 1 or order 1 rule 3, as the case may be, of code of civil procedure, 1908 is to be read together with order 2 rule 3 and order 2 rule 6. Prescribed authority formulated two issues, whether the petition was barred by provisions of rule 11, order 7 code of civil procedure, 1908 and whether the. Cpc, 1907 contains a provision in order 7 rule 11 of the code that whenever a plaint is filed in any civil court for. Civil procedure code, 1908, order 7, rule 11 rejection of plaint maintainability of suit and limitation can be decided only when parties lead evidence perusal of plaint does not give rise to any prima facie conclusion that pleadings are manifestly vexatious and baseless case does not fall under the ambit of o. Provincial small cause courts the following provisions shall not extend to. Order 7 rule 11 of the civil procedure code contemplates. Essentials of plaint and provisions regarding return or. Code of civil procedure, 1908 cpc code of civil procedure amendment act, 1999. It includes rejection of plaint under order 7 rule 11 cpc. Cpc, 1907 contains a provision in order 7 rule 11 of the code that whenever a plaint is filed in any civil court for any claimcompensation to be recovered from the opposite party it can be rejected by fulfilling the following conditions mentioned below. Under section 3 3 a of the sonthal parganas settlement regulation 3 of 1872.
What does the cpc order 7 and rule 1 state kaanoon. Civil procedure code, 1908 hereinafter referred to as code is to provide a litigant a fair. Res judicata no court shall try any suit or issue in which the matter directly and. After being proceeded against exparte, the defendant is. Under order 7 rule of the cpc, even if plaint is rejected, fresh suit can be filed whereas if suit is dismissed on the ground of limitation, no fresh suit can be. The cpc is a vehicle for dispersion of justice with a universal applicability in the sense that is applicable not just for the trail of courts but also. In so far as remedy under order 7 rule 11 of the cpc, 1908, is concerned, if the conditions set out therein are satisfied, suit cannot be dismissed but only plaint can be rejected. Code of civil procedure, 1908 bare acts law library. Court to decide application under order vii, rule 11 of cpc. Above application may also be filed under order 7, rule 11. The defendant filed an application under order 7 rule 11 rw order xiv, rule 2 cpc for rejection of the plaint on the ground that the suit is clearly barred by law of limitation, as the deed of. Gopi krishna agrawal, air 20 sc 3099 section 11 res judicata section 11 contains the rule of conclusiveness of the judgment which is based partly on the maxim of roman jurisprudence interest reipublicae ut sit finis litium it concerns.
It does not either expressly or by necessary implication provide that power under order 7, r. Appearance of parties and consequence of nonappearance order ix of cpc practical insights. Hence, this article suggest that order 33, rule 11, c. The legal position is that to decide whether a plaint is laible to be rejected under order 7 rule 11. C code of civil procedure 5 of 1908, order 7, rule 11 rejection of plaint plaint cannot be rejected merely because plaint framed in different manner or such framing of plaint would make case weak. The supreme court has observed that a plaint can be rejected order vii rule 11 of the code of civil procedure, when it is manifestly vexatious. C can be amended deleting the sentence where the plaintiff fails in the suit. Order 11 rule 1 to 23 cpc code of civil procedure 1908 order 11 rule 123. Order vii, rule 11 cpc rejection of plaint free download as word doc. Apr 29, 2012 code of civil procedure, 1908 order viii rule 1 on the basis of the apt observations of this court in balraj taneja and another. It provides a detailed procedure of the civil suits. Notice to any party to produce any documents referred to in his pleading or affidavits shall be in form no. Rejection of plaints under civil procedure code, order 7 rule 11 author.
Rejection of plaint sample application under order 7, rule. Order ix of the code of civil procedure, 1908 hereinafter referred to as the code deals with issues as regards the appearance of parties to the suit and consequences apropos their nonappearance. Order 7 rule 11 of cpc, discusses rejection of plaint. Mar, 2019 the defendant filed an application under order 7 rule 11 rw order xiv, rule 2 cpc for rejection of the plaint on the ground that the suit is clearly barred by law of limitation, as the deed of. Civil procedure codeen cases of deficient courtfee, it was a matter of right that court was. The suit was instituted in delhi as the plaintiff was carrying on his business of manufacturing and selling wooden items in. Sep 25, 2010 the simplest way is to convince the court of the need for answering the rogatories and the production of documents.
The plaint shall contain name of the court the plaint shall contain name of the court. In the view we are taking, we are fortified by the judgment of the supreme court. Comprehensive understanding of each and every provision is an important element. Auditorium of pja on the topic of code of civil procedure 1908. Civil procedure code, 1882 the code of civil procedure, 1908 is a procedural law related to the administration of civil proceedings in india. If indeed you mean to say order 7 rule 1 of cpc then this provision deals with details which a party. Assam by the civil procedure assam amendment act, 1941 assam 2 of 1941. Jul 19, 2016 one such key provision in the hand of the defendant to contest a frivolous suit and get the same rejected is encapsulated under order vii, rule 11 of the code of civil procedure, 1908. Rule 1 order vii of code of civil procedure 1908 particulars to be contained in plaint the plaint shall contain the following particulars. An application under order 9, rule 7 of the cpc can be made a within 30 days of the order b within 60 days of the order c any time during the pendency of the suit d at any time on or before the next date of hearing. Cpc 1908 order viii rule 1 supremecourtofindiareports. Code of civil procedure 1908 it comprises of main act and the rules framed under section 121.
The code of civil procedure with commentary by muhammad mazhar hassan nizami. In this act, unless there is anything repugnant in the subject or context, 1 code includes rules. Rejection of plaint sample application under order 7, rule 11 cpc. Judgment statement given by a judge of the grounds of a decree.
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