FLAT 20% OFF and 3-Months ADDED Validity on All Courses Absolutely FREE! Enroll Now Use Code: INDIA20
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

chandranath rao (owner)     15 January 2013

No jural relationship

a person who has no jural relation ship with the owner has put a case in small causes court .showing we are tenents under him.can we go for rejection  of plaint.



Learning

 3 Replies

R.K Nanda (Advocate)     15 January 2013

yes, u can go for it.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     15 January 2013

Rejection is done only on certain grounds. Whether you are a tenant or not would be decided after evidence is led...Such a contention does not lead to rejection but dismissal after full trial. Rejection is when his plaint does not disclose any Cause of Action or it is hit by a bar of law. 

Advocate Bhartesh goyal (advocate)     15 January 2013

 

Plaint can only be rejected u/o 7 r 11 cpc if any one of the conditioned fulfilled

 

 

11. Rejection of plaint

The plaint shall be rejected in the following cases:—

 

(a) where it does not disclose a cause of action;

 

(b) where the relief claimed is undervalued, and the plaintiff, on being required by the Court to correct the valuation within a time to be fixed by the Court, fails to do so;

 

(c) where the relief claimed is properly valued, but the plaint is returned upon paper insufficiently stamped, and the plaintiff, on being required by the Court to supply the requisite stamp-paper within a time to be fixed by the Court, fails to do so;

 

(d) where the suit appears from the statement in the plaint to be barred by any law;

 

[(e) where it is not filed in duplicate;

 

[(f) where the plaintiff fails to comply with the provisions of rule 9];

 

[Provided that the time fixed by the Court for the correction of the valuation or supplying of the requisite stamp-paper shall not be extended unless the Court, for reasons to be recorded, is satisfied that the plaintiff was prevented by any cause of an exceptional nature from correcting the valuation or supplying the requisite stamp-paper, as the case may be, within the time fixed by the Court and that refusal to extend such time would cause grave injustice to the plaintiff.]


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query