Petition for Rejection of Plaint

When the elements of plaint are missing or where the proper process is not maintained, the court shall reject the plaint. on the other hand, if the court does not reject the plaint by himself the opposite party may raise an objection via a petition mentioning the grounds for rejection. this application is known as petition for rejection of plaint.

The laws regarding the rejection of plaint have given under rule 11 of Order VII of the code of civil procedure 1908.

Grounds for rejection of a plaint

Missing cause of action:

When the plaint does not disclose a cause of action then it shall be rejected.

Undervalued relief:

When the relief claim by the plaintiff is undervalued, the court shall give the plaintiff time to correct the plaint but if the plaintiff failed to do so then the plaint should be rejected.

Insufficient stamp:

In a case where the suit is properly valued but insufficiently stamped than the court shell order to provide sufficient stamp to the party but if the party fails to do so it shall result the rejection of the plaint.

Barred by law or other legal reason:

A suit can be barred by law in several occasion, whether the bar is provided under the law or by president whether express or implied

When any necessary procedure is missing:

Where the plaintiff fails to present the required process fee for service of summon than that plaint can be rejected. As held based on rule 9(1A) of order VII by The Kolkata High Court in 1924 which is later adopted by the Appellate Division of Bangladesh Supreme Court [4 BLT (AD) 82].

Plaint rejected under section 151

When order 7 is not sufficient in the opinion of the judge and rejection of plaint is necessary for the end of justice the court may invoke its inherent power under section 151 of the CPC.

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Petition for Rejection of Plaint
Petition for Rejection of Plaint

Fact

A Government servant was dismissed from his service without any show-cause notice. He files a suit for declaration under section 42 of The Specific Relief Act, 1877


IN THE COURT OF 5TH JOINT DISTRICT JUDGE, DHAKA 

TITLE SUIT NO. 20  OF 2016 

Azizul Hakim,  
Son of late Abdul Hakim 
of House No.23, Road No.12, Dhanmondi,  
Police Station- Dhanmondi, Dhaka-1215 

——– Plaintiff – Opposite party

VERSUS 

Government of Peoples Republic of Bangladesh, represented by District Commissioner, Dhaka

———- Defendant – Petitioner

In the matter of 

A petition for amendment of Plaint under Rule 11, Order 7 of the Code of Civil Procedure, 1908. 

The humble petition on behalf of the Defendant – Petitioner most respectfully. 

SHEWETH 

  1. That the plaintiff was a teacher of Dhanmondi Boys’ High School and dismissed from his service by a government order dated 01.01.2020
  2. That the plaintiff petitioner instituted the suite on 01.02.2020 for declaration under section 42 of the Specific Relief Act, 1877 against the defendant in your learned court.
  3. That the suit is pending in this Hon’ble court and is fixed for hearing on 01. 06. 2020
  4. That since the plaintiff was a government service holder and the subject of the suit is his Government Service, therefore he must bring the disputed matter under section 4 The Administrative Tribunal Act, 1980
  5.  That the plaintiff did not file the suit before the proper forum and therefore the suit is not maintainable by law.
  6. That the suit is barred by law and as such is liable to be rejected.
  7. That the petitioner would be prejudiced if the prayer for rejection of plaint is rejected.

Wherefore it is most humbly prayed that your lordship would graciously be pleased to allow the petition of rejection of plaint for the ends of justice. And to pass such other order as deemed fit and proper.

And for this act of kindness the applicant as in duty bound shall ever pray.

AFFIDAVIT

I, Md. Jahangir, Son of Abdul Hasan, of 144 Abdul Gani Road, Secretariat, Education Department, Shahbag, Dhaka 1000, aged about 50 years by faith Muslim, by profession – government service holder, by nationality – Bangladeshi, do hear by solemnly affirm and say as follows

  1. That I am the Tadbirkarak of this suit and authorized person and petitioner of the above application and well acquainted with the facts and circumstances of this case and competent to swear this affidavit. 
  1. That the statements made above are true to the best of my knowledge and belief. 

Prepared in my office 
 

————————- 
Advocate (Notary Public) 

———————— 
Signature of the Deponent  

The deponent is known to me and identified by me. 
 

————————– 
Advocate 

Solemnly declared and affirmed before me on 
This ____ day of ____ 20 __. 

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Rayhanul Islam

Rayhanul Islam

Rayhanul Islam is a lawyer by profession, he is also a researcher. Critical thinking is his main focus. He is the founder and Editor in Chief of Law Help BD. He is on a quest to bring positive change to the legal sector of Bangladesh. He promotes legal knowledge and human right concept to the root level. e-mail: rayhan@lawhelpbd.com

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