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Can a plaint be rejected under Order 7 Rule 11(d) CPC on the ground that the person who filed the suit had no authority and contravened Order 27 Rule 1 CPC

Parul Dhingra ,
  12 September 2020       Share Bookmark

Court :

Brief :
The High Court allowed the appeal & set aside the decree of the Trial Court. It observed that by virtue of the office, the Executive Engineer has the right to file a plaint to protect the interests of the Government as provided under Order 27 Rule 2 CPC. The trial erred in not considering all the provisions given in Order 27.
Citation :
Appellants : State Of A.P. Respondents : Syndicate Constructions, Engineers and Constructors Citation : (2006) 3 ALT 231

Bench:

Justice B. Prakash Rao and Justice D. Appa Rao

Issue:

Can a plaint be rejected under Order 7 Rule 11(d) CPC on the ground that the person who filed the suit had no authority and contravened Order 27 Rule 1 CPC ?

Facts:

  • The appellant represented by the Executive Engineer, Roads and Buildings, National Highway Division, Vijayawada had filed a suit in 1980 against the respondent for recovery of a certain amount for non-completion of a contract of widening the double lane carriage.
  • After 13 years, the respondent filed a petition under Order 7 Rule 11(d) CPC to reject the plaint as Executive Engineer can’t represent the state & there has been no order to appoint him to file a suit & was against Order 27 Rule 1 CPC. The state denied the contentions.
  • The trial court held that the suit was not properly instituted as the govt. had not authorized the Engineer. Therefore, suit was barred by law & hence dismissed.
  • The appellant filed an appeal in HC.

Appellant's contentions:

It was contended that the Executive Engineer was authorized to file a suit on behalf of the government. Therefore, the plaint was properly instituted.

Respondent's contentions:

The respondent supported the decision of the trial court stating that the Executive Engineer is not an authorized person to sign the plaint.

Judgement:

The High Court allowed the appeal & set aside the decree of the Trial Court. It observed that by virtue of the office, the Executive Engineer has the right to file a plaint to protect the interests of the Government as provided under Order 27 Rule 2 CPC. The trial erred in not considering all the provisions given in Order 27.

“Order 27 Rule 2 CPC, wherein there is a provision for the persons being ex officio or otherwise authorized to act for the Government in respect of any judicial proceeding shall be deemed to be the recognized agent.

Invocation of Order 7 Rule 11(d) CPC could be made where a suit appears to be made by the plaintiff could be barred by any law.”

- Para 7 (State Of A.P. v. Syndicate Constructions, Engineers and Constructors)

 

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Published in Constitutional Law
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