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rejection of plaint

Grounds on which a plaint can be rejected? under what stage?  give some case laws


 9 Replies

RohitChhaba (n/a)     11 November 2010

Senior Legal Advisor???  Please read Order 7 Rule 11 CPC

adv. rajeev ( rajoo ) (practicing advocate)     12 November 2010

Right. Refer the u/o 7 r 11 of C.P.C.

T.R. Ganesan (Advocate)     12 November 2010


In a given matter the plaintiff could not quantity the valuation of suit to determine correct Court feesand only paid the minimum. The defendants in the written statement sought the rejection of the suit.  Therefore, if the suit is not properly valued  the court may give an opportunity to make good the balance Court fee within a time limit. If the opportunity is not afforded the rejection/dismissal may not be appropritate.   

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     12 November 2010

Do not make fun of Gabeshan  Mr chabba and Mr Rajoo just because you are dishing out advice by dozens means you are right.


and those who are advocating 7 x 11 of CPC please give any actual case details. It is applicable prior to appearance of opponent and it is between the court and the applicant only.

those who do not agree pl instead of just contradicting give any exact case not necessary of HC or SC.

1 Like

s.subramanian (senior partner)     12 November 2010

Dear Mr.Ganesan,

welcome to Lawyersclubindia. 

1 Like

RohitChhaba (n/a)     12 November 2010


I am not making fun of anybody God helps those who help themselves (there is no case law for that)..... Sir PLEASE help yourself and give a shot for Order 7 Rule 11 CPC everything is written in that Rule......Moreover this is not between Court and any party or stage of suit or appearance/nonappearance of any party.........Court can see in plaint any time for its maintainability............ May be I sound bit rude with my words but that’s true (may be not for you) PEOPLE generally want others to do their homework...........If I were you I would have tried hard to find out theory for Order 7 Rule 11 inspite of seeking tutorial from members......... And don't blame Mr Rajoo for my words.

1 Like




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:


Y ARAVIND (ADVOCATE)     19 November 2010

In additon to what Mr.Kushan Vyas, Advocate metnioend, I add

"where it is not filed in duplicate" and

"where the plaitnfif fails to comply wit the provisons of Rule 9"

which are introduced through amedment  to CPC.

Y ARAVIND (ADVOCATE)     19 November 2010

Such appliction for rejection can be at any stage of the matter.

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