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Rejection of plaint

(Querist) 17 October 2021 This query is : Resolved 
Whether Rejection of plaint U/o 7 Rule 11 (a) and (d) can be filed even at appellate stage ?
Dr J C Vashista (Expert) 18 October 2021
It can be filed at any stage of the lis.
Advocate Bhartesh goyal (Expert) 18 October 2021
No,provision of order 7 rule 11 cpc does not apply in appeal. Courts can exercise the power to reject plaint under order 7 rule 11 cpc at any stage of plaint ( suit ) .Main purpose behind the rejection of vaxatious plaint is to save precious time of judiciary and unnecessary expenses and time of defendant.
P. Venu (Expert) 18 October 2021
What are the facts? What is the context?
Pradipta Nath (Expert) 18 October 2021
The order of rejection of the plaint can be challenged, provided necessary order has been passed by the concerned Judge. But please think: will it not be a wasted of time as wisdom lies in rectifying the plaint and file a petition to give a date in filing the rectified petition.
Shubham Bhardwaj (Expert) 18 October 2021
Dear Mr Shiromani,

Although in Appellate Proceedings you cannot file an Application under Order 7 Rule 11 (a) & (d) CPC for rejection of plaint as that stage has already passed, however, there is a way out.

It is well settled that First Appellate Court can entertain additional evidence. Now assume that an evidence comes to light which could make suit barred under any law or could destroy the cause of action, in such a case Order 41 Rue 23A/25 CPC could be used. Order 41 Rule 23A/25 CPC states that Appellate Court can remand the case back to trial court if it finds that an issue needs re-adjudication or a fact needs to be determined, or some point needs to be re-examined. In this scenario, if you are able to satisfy the Appellate Court that this particular evidence was not available or was not allowed to be produced at the trial stage, the Appellate Court may remand the case back to trial court. Once that happens, you can always file Application under Order 7 Rule 11 (a) /(d), for rejection of suit. This is possible where Appellate court is a court of ADJ or DJ since District Court is a fact finding court whereas in the case of High Court, only question of law are decided.

Although this solution may be a little hypothetical but in my opinion it might work.

Regards
Shubham Bhardwaj (Adovcate)
District & Session Court, Chandigarh
Punjab & Haryana High Court, at Chandigarh

Disclaimer:- Opinion is only for guidance.


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