O vii r 11 (e)

Jasvinder (Querist) 21 April 2023 This query is : Resolved
A person file injuction suit and applicant brought o vii r 11 taking one of the ground that original plaint is not filed in duplicate i.e two copy.
But the lower court did not consider it and rejected now revision in high court.
Any case law.

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Quick Summary

This discussion clarifies that failing to file an original plaint in duplicate is a curable defect under Order VII Rule 10 of the CPC. The amendment allows courts to retain a duplicate copy for potential appeals. Therefore, rejecting a plaint solely on this ground is generally not permissible, and pursuing a revision in the High Court for this specific issue may not be successful.

Advocate Bhartesh goyal (Expert) 21 April 2023
No case law ( citations) is required when law is clear.

Dr J C Vashista (Expert) 22 April 2023
It is a curable defect under Or. VII Rule 10 CPC, the adjudicating court has to accept duplicate copy of plaint.

N.K.Assumi (Expert) 23 April 2023
This was inserted by the Amendment Act 2002 for the purpose of enabling the court to retain the duplicate in the court in case of appeal, and not a big issue.

P. Venu (Expert) 24 April 2023
Yes, it is a curable defect and hence, Rule 11, Order VII is of no application.

T. Kalaiselvan, Advocate (Expert) 25 April 2023
The defect is curable hence there is no legal infirmity in court rejecting the application filed seeking to reject the plaint for this defect.
You may not get a favorable order even if you approach high court for this reason alone

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