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Pritam Gupta (Teacher)     19 August 2016

About rejection of plaint

A plaintiff due to subsequent events has lost the interest in his suit. He has also noticed that due to the mistake of his Advocate the suit also qualifies to be rejected under Order 7 Rule 11(d). So instead of going for Withdrawal with or without leave to file fresh suit, he prefers plain rejection of his plaint and start afresh.

Now my questions are:

1. Can plaintiff file for rejection of his own plaint under Order 7 Rule 11(d)?

2. Can plaintiff put an alternate plea in his petition that if Court does not approve Rejection then Court can opt for say unconditional Withdrawal? This will save him from filing another petition if rejection is not granted.

3. Any other provision of law of which he can make use of? Any pertinent case in said matter would also be of great help.

Thanks.

 



 5 Replies

jyotirmaya behera (advocate)     19 August 2016

Who r u in the plaint?

What you want to know?

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     19 August 2016

If there is a technical flaw, then the plaintiff can withdraw his suit and file a fresh one after obtaining leave. Why would he seek rejection of his own plaint?!?!

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153

1 Like

Pritam Gupta (Teacher)     19 August 2016

Due to subsequent events the Plaintiff does not want to pursue some of the reliefs in the original plaint, while he wants to keep the options open for the other reliefs.

Yes withdrawal with leave is another option but Rejection also gives the same benefit namely Plaintiff is free to file another suit.

So the question is whether rejection of plaint is permissible under the circumstances or not and whether only Defendant can file for rejection?

Also if Plaintiff files for partial withdrawal then he might be subjected to costs for the abondoned reliefs.

Suri.Sravan Kumar (senior)     19 August 2016

If you feel that your Advocate has made a mistake you can amend your plaint.

1 Like

Pritam Gupta (Teacher)     19 August 2016

Amendment is difficult as Trial has started. Besides then entire cause of action will have to be changed as the major reliefs are proposed to be abondoned now.


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