A civil suit was filed without disclosing the cause of action in the Plaint and the Honorable Court rejects the Plaint. Comment and advise the plaintiff for remedial measures, if any.
CS Professional · Drafting, Pleadings and Appearances · PYQS · December 2019
A civil suit was filed without disclosing the cause of action in the Plaint and the Honorable Court rejects the Plaint. Comment and advise the plaintiff for remedial measures, if any.
Answer & Explanation:
Order 7, Rule 11 of the Code of Civil Procedure provides for rejection of plaint on the following grounds: Where it does not disclose a cause of action; Where the relief claimed is undervalues 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; 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; Where the suit appears from the statement in the plaint to be barred by any law; Where it is not filed in duplicate; Where the plaintiff fails to comply with the orders of the court that the summons are to be served on the defendants, directing the plaintiff to present as many copies of the plaint on plain paper as there are defendants within seven days from the date of such order along with requisite fee for service of summons on the defendants. Further, as per Order 7, Rule 13 of the Code of Civil Procedure, the rejection of plaint on any of the grounds mentioned above, shall not of its own force preclude the plaintiff from presenting a fresh plaint in respect of same cause of action. Therefore, the court has power to reject the plaint where it does not disclose the cause of action. However the rejection of plaint on non-disclosure of cause of action does not of its own force bar the Plaintiff from presenting a fresh plaint. The plaintiff can present a fresh plaint.
Topics: Civil Procedure Code
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