Order 7 Rule 11 of the Civil Procedure Code (CPC) outlines the grounds on which a court can reject a plaint (a legal document initiating a civil suit). This rule is intended to prevent frivolous and unnecessary litigation by allowing for the summary dismissal of suits that lack a proper foundation.
Key aspects of Order 7 Rule 11:
- Grounds for Rejection:The rule specifies six grounds on which a plaint can be rejected, including:
- No cause of action: The plaint doesn’t present a valid reason for the plaintiff to seek legal relief.
- Undervaluation of suit: The suit is undervalued, and the plaintiff fails to correct the valuation after being directed by the court.
- Insufficient stamp duty: The plaint is not properly stamped with the required court fees, and the plaintiff fails to rectify this after being directed by the court.
- Suit barred by law: The suit is barred by any law, such as limitation, res judicata, or statutory prohibition.
- Non-compliance with Order VII Rule 9: The plaintiff fails to comply with the requirements of this rule, which pertains to disclosing the name and address of the defendant.
- Plaint not filed in duplicate: The plaint is not filed in the required duplicate form.
- Mandatory Nature:The court must reject the plaint if any of the specified grounds are established.
- Independence of Remedy:This remedy under Order 7 Rule 11 is separate from the defendant’s right to contest the suit on its merits.
- Scope:The rule applies to applications filed by the defendant to challenge the maintainability of the suit. The court can also initiate rejection of the plaint on its own.
- Consideration of Pleadings:The court must consider the averments (statements) made in the plaint to determine if any of the grounds for rejection are met.
- Limitations:The court cannot decide disputed issues of fact at this stage, especially when the issue of limitation involves such disputes.