A plaint can be rejected under Order VII Rule 11 of the Code of Civil Procedure (CPC), 1908 in India if it does not fulfill certain legal requirements. The grounds for rejection are as follows:
Grounds for Rejection of Plaint
- Non-disclosure of a cause of action
If the plaint does not disclose any cause of action, i.e., the facts stated do not give rise to a valid legal claim. - Barred by law
If the suit is barred by law, whether substantive (e.g., limitation, jurisdiction, etc.) or procedural law. - Relief undervalued
When the relief claimed in the suit is undervalued, and the plaintiff fails to correct it even after being given an opportunity by the court. - Non-payment of proper court fee
If the plaint is insufficiently stamped (court fees not paid), and the defect is not rectified within the time permitted by the court. - Plaint is frivolous or vexatious
If the plaint is deemed frivolous, vexatious, or filed without any legitimate purpose. - Failure to comply with statutory requirements
If the plaint fails to comply with statutory requirements, e.g., non-compliance with the requirements of Order VI or Order VII of CPC. - Suit is filed against immovable property outside jurisdiction
If the suit relates to immovable property situated outside the jurisdiction of the court.
Procedure for Rejection
- The defendant or the court suo moto may raise the issue of rejection of the plaint.
- The court examines only the averments made in the plaint and annexed documents while deciding on the rejection (no extraneous evidence is considered).
Effect of Rejection
- Rejection of a plaint does not preclude the plaintiff from filing a fresh plaint on the same cause of action if it is rectified.
Important Case Laws
- T. Arivandandam v. T.V. Satyapal (1977): The Supreme Court emphasized that if a plaint is vexatious or meritless, the court should not waste time on it and reject it at the outset.
- Saleem Bhai v. State of Maharashtra (2003): The Supreme Court clarified that only the plaint and its accompanying documents should be considered when deciding whether a plaint should be rejected.
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