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honestlitigant   17 December 2015

Section 151 cpc

Greetings to the experts!


Sir/Ma'am, I would like to know that could a judge of district level court invoke the section 151 of the Code of Civil Procedure or alter the relief demanded in this plea in order to reject a plea that is challenging the territorial jurisdiction of the matter? 


The interim application is submitted with an intent of rejecting the plaint invoking the O. 7 R. 11 of CPC for lack of jurisdiction before filing written statement/counter. Are there any precedents?


 1 Replies

sridhar pasumarthy (ADVOCATE)     13 October 2021

Any civil judge of any cadre can exercise inherent power under section 151 of cpc.  But plaint cannot be rejected by invoking sectio. 151 cpc.  To reject a plaint, it should fall under any of the categories enumerated under clause a to f of Order VII Rule 11 cpc.  Plint cannot be rejected for want of jurisdictiin.  It is beyond yhe scope

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