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Order 7, Rule 11 of the Civil Procedure Code (CPC): rejection of a plaint.

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Order 7, Rule 11 CPC:

“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 or overstated;

(c) where the plaint is not properly stamped or registered;

(d) where the plaint is not signed or verified;

(e) where the plaint does not comply with the provisions of Order 6, Rule 1 and Rule 2;

(f) where the plaint is not filed in duplicate.”

Grounds for Rejection:

  1. Lack of cause of action
  2. Undervalued or overstated relief
  3. Insufficient stamp duty or registration
  4. Unsigned or unverified plaint
  5. Non-compliance with Order 6, Rules 1 and 2 (pleading requirements)
  6. Failure to file plaint in duplicate

Consequences of Rejection:

  1. Plaint dismissed
  2. No trial or proceedings
  3. Plaintiff may file a revised plaint
  4. Rejection order appealable under Order 43, Rule 1(a)

Important Case Laws:

  1. T. Arivandandam v. T.V. Satyapal [1977] 4 SCC 467
  2. Saleem Bhai v. State of Maharashtra [2003] 1 SCC 557
  3. K. Venkataraman v. V. Ramakrishnan [2007] 3 SCC 389

Key Takeaways:

  1. Ensure the plaint discloses a valid cause of action.
  2. Verify compliance with pleading requirements.
  3. Check stamp duty and registration.
  4. Sign and verify the plaint.
  5. File plaint in duplicate.

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