In what cases plaint can be rejected by a Court ? Does it preclude the plaintiff from filing a fresh suit ?
A civil suit is filed by presenting a plaint . If the plaint is defective on any of the grounds mentioned in Order – 7 , Rule – 11 of C.P.C , the plaint can be rejected by the Court .
Order 7 , Rule 11 laid down the grounds when the Court shall reject the plaint .
According to this Rule 11 , a plaint can be rejected by the Court in any of the following six cases –
a) where it does not disclose the 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 written upon paper which is 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 ; and
f) where the plaintiff has not complied with the provisions of Rule – 9 or where the plaintiff fails to present the copies of plaint along with requisite fees for service of summons on the defendants within seven days from the date of order of service of summons .
It is also provided that the time fixed by the Court for correction of the valuation or for supplying the requisite stamp-paper is not to be extended , unless the Court is satisfied , for reasons to be recorded , that the plaintiff was prevented by some exceptional cause from correcting the valuation or supplying the 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 .
An appellate Court , under this rule read with section 107 of CPC , before rejecting the plaint , must allow time to the plaintiff to supply the deficit court fee .
When a plaint is rejected under Rule-11 , the Judge must record an order to that effect , with the reasons for such an order . A plaint can not be rejected against some of the defendants partially and retained against the other defendants , it must be rejected as a whole . An order passed by Court rejecting a plaint is a decree under section 2(2) of the Civil Procedure Code and so the order is appealable .
Clause (d) of this rule authorizes the rejection of a plaint where the suit appears from the statement in the plaint to be barred by any law . Thus , where a suit was filed for damages for defamatory statements in the Parliament , the suit was held to be barred by Article 105(2) of the Constitution .
Is the plaintiff precluded from filing a fresh suit ?
No the plaintiff is not precluded from filing a fresh suit . According to Rule-13 , the rejection of a plaint , on any of the above grounds , does not , by itself , preclude the plaintiff from presenting a fresh plaint on the same cause of action within the period of limitation . So plaintiff can file a fresh plaint and suit thereby on the same cause of action .