Plaint rejected
GANGAM.RAJENDER.
(Querist) 20 February 2014
This query is : Resolved
specific performance of suit has been filed which was rejected by the court superintendent(not judge and not recorded any objection on the bench) as the cause of action was not mentioned for specific performance.
Q1.CAN WE GIVE LEGAL NOTICES TO THE DEFENDANTS AT THIS STAGE FOR CAUSE OF ACTION.
Q2.COURT FEE HAS BEEN PAID . THE CASE WAS ENTERED IN THE INWARD SECTION ONLY AT THIS STAGE WHETHER THE NOTICES ARE VALUED OR NOT.
PLS EXPLAIN THE PROCEDURE.
THANK YOU SIR.
ajay sethi
(Expert) 20 February 2014
it is better you contact a local lawyer . how can you file suit for specific performance and not mention cause of action on which suit has been based .
The plaint could be rejected under Order VII Rule 11 C.P.C.
(a) if there is no cause of action;
A cause of action means 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. In other words, it is a bundle of facts
which taken with the law applicable to them gives the plaintiff a
right to relief against the defendant. It must include some act done
by the defendant since in the absence of such an act no cause ofaction can possibly accrue
According to Rule-13 , the rejection of a plaint , on any of the above grounds , does not , by itself , preclude the plaintiff from presenting a fresh plaint on the same cause of action within the period of limitation . So plaintiff can file a fresh plaint and suit thereby on the same cause of action .
R.K Nanda
(Expert) 20 February 2014
consult local lawyer.
Rajendra K Goyal
(Expert) 20 February 2014
Agree, contact a local lawyer and show him the documents.
Raj Kumar Makkad
(Expert) 21 February 2014
There is no requirement to serve notice to the defendant rather re-file the suit after making necessary corrections in the suit as there is no bar if the suit has been returned under Order 7 Rule 11 of CPC.
