Order VII Rule 11 CPC | Plaint With Multiple Reliefs Cannot Be Rejected Just Because Some Reliefs Are Barred : Supreme Court
2 months ago

Order VII Rule 11 CPC | Plaint With Multiple Reliefs Cannot Be Rejected Just Because Some Reliefs Are Barred : Supreme Court

Live Law  

The Supreme Court observed that when a Plaint includes multiple reliefs, it cannot be rejected solely because one of the reliefs is barred by law, as long as the other reliefs remain valid. “If the civil court is of the view that one relief is not barred by law but is of the view that Relief B is barred by law, the civil court must not make any observations to the effect that relief B is barred by law and must leave that issue undecided in an Order VII, Rule 11 application. In other words, the plaint cannot be rejected under Order VII Rule 11 of the CPC merely because the third relief is barred by law, as long as the other reliefs remain within the court's jurisdiction for adjudication. Hence, the plaint cannot be rejected under Order VII Rule 11 of the CPC.”, the court observed.

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History of this topic

Section 47 CPC Applications Raising Property Rights After Passing Of Decree To Be Treated As Application Under Order 21 Rule 97 : Supreme Court
3 weeks ago

Section 47 CPC Applications Raising Property Rights After Passing Of Decree To Be Treated As Application Under Order 21 Rule 97 : Supreme Court

Live Law  

The Supreme Court recently observed that an application filed under Section 47 of CPC relating to the determination of questions related to the execution of the decree would be deemed as an application filed under Order XXI Rule 97 if it raises questions of right, title, or interest in the property. The Court clarified that while applications under Section 47 …

Section 47 CPC Applications Raising Property Rights After Passing Of Decree To Be Treated As Application Under Order 21 Rule 97 : Supreme Court
3 weeks ago

Section 47 CPC Applications Raising Property Rights After Passing Of Decree To Be Treated As Application Under Order 21 Rule 97 : Supreme Court

Live Law  

The Supreme Court recently observed that an application filed under Section 47 of CPC relating to the determination of questions related to the execution of the decree would be deemed as an application filed under Order XXI Rule 97 if it raises questions of right, title, or interest in the property.The Court clarified that while applications under Section 47 of …

Order II Rule 2 CPC Bar Won't Apply When Reliefs In Second Suit Are Based On A Cause Of Action Different From First Suit : Supreme Court
2 months, 2 weeks ago

Order II Rule 2 CPC Bar Won't Apply When Reliefs In Second Suit Are Based On A Cause Of Action Different From First Suit : Supreme Court

Live Law  

The Supreme Court today ruled that a subsequent suit filed on a different cause of action would not be subject to the bar under Order II Rule 2 of the Code of Civil Procedure, 1908. Affirming the High Court's decision, the judgment authored by Justice Pardiwala observed that though filing a subsequent suit, after the institution of the first suit, …

Second Suit On Same Cause Of Action Must Be Filed Within 3 Years Of Rejection Of Earlier Plaint : Supreme Court
2 months, 3 weeks ago

Second Suit On Same Cause Of Action Must Be Filed Within 3 Years Of Rejection Of Earlier Plaint : Supreme Court

Live Law  

The Supreme Court observed that the subsequent suit on the same cause of action would be barred by limitation if filed beyond three years after the rejection of an earlier plaint. The Court rejected the argument that Order VII Rule 13 of the Code of Civil Procedure justifies filing a fresh suit after the rejection of the earlier plaint. The …

Order VII Rule 11 CPC - Where It's Glaring From Averments That Suit Is Hopelessly Time-Barred, Plaint Is To Be Rejected : Supreme Court
3 months ago

Order VII Rule 11 CPC - Where It's Glaring From Averments That Suit Is Hopelessly Time-Barred, Plaint Is To Be Rejected : Supreme Court

Live Law  

The Supreme Court on December 20 set aside an order passed by the High Court of Bombay dated April 26, 2016. While reiterating the position of law that the question of limitation is a mixed question of fact and law and the question for rejecting the plaint on that has to be decided after weighing the evidence on record, a …

Order VII Rule 11 CPC - Where It's Glaring From Averments That Suit Is Hopelessly Time-Barred, Plaint Is To Be Rejected : Supreme Court
3 months ago

Order VII Rule 11 CPC - Where It's Glaring From Averments That Suit Is Hopelessly Time-Barred, Plaint Is To Be Rejected : Supreme Court

Live Law  

The Supreme Court on December 20 set aside an order passed by the High Court of Bombay dated April 26, 2016. The Appellants sought rejection of the said plaint by filing an application under Order VII Rule 11 of the Civil Procedure Code, 1908 on grounds that the suit was barred by limitation. However, the trial Court erroneously dismissed the …

DRT | Rejection Of Application Under Order 7 Rule 11 Will Not Operate As Res Judicata On Deciding Issue Of Limitation: Allahabad High Court
1 year, 1 month ago

DRT | Rejection Of Application Under Order 7 Rule 11 Will Not Operate As Res Judicata On Deciding Issue Of Limitation: Allahabad High Court

Live Law  

The Allahabad High Court has held that rejection of application under Order VII Rule 11 of the Civil Procedure Code will not operate as res judicata on deciding issue of limitation raised at the time of final hearing. will not operate as res judicata.” The Court reiterated that for deciding an application under Order VII Rule 11 of CPC, the …

Supreme Court Annual Digest 2023- Code Of Civil Procedure (CPC)
1 year, 2 months ago

Supreme Court Annual Digest 2023- Code Of Civil Procedure (CPC)

Live Law  

Code of Civil Procedure, 1908 – Civil Trial - Fixing of the date of trial shall be in consultation with the learned advocates appearing for the parties to enable them to adjust their calendar. Pradeep Mehra v. Harijivan J. Jethwa, 2023 LiveLaw 936 : 2023 INSC 958 Code of Civil Procedure, 1908; Section 47 read with Order XXI - Executing …

Order VII Rule 11 CPC - No Evidence Or Merits Of Controversy Can Be Examined While Deciding Rejection Of Plaint : Supreme Court
1 year, 3 months ago

Order VII Rule 11 CPC - No Evidence Or Merits Of Controversy Can Be Examined While Deciding Rejection Of Plaint : Supreme Court

Live Law  

Recently, the Supreme Court held that no amount of evidence or merits of the controversy could be examined at the stage of deciding rejection of a plaint application under Order VII Rule 11 of the Code of Civil Procedure, 1908. In this case, the Court opined that only the averments in the plaint would be relevant for invoking clause of …

Plaint Cannot Be Rejected In Part Under Order VII Rule 11 Of CPC: Supreme Court
1 year, 4 months ago

Plaint Cannot Be Rejected In Part Under Order VII Rule 11 Of CPC: Supreme Court

Live Law  

The Supreme Court on Tuesday held that a plaint cannot be rejected in part under Order VII Rule 11 of the Code of Civil Procedure, 1908. The Court also reiterated that when a plaint does not disclose a cause of action, it is liable to be rejected under Order VII Rule 11. However, the High Court allowed the application under …

Order VII Rule 11 | Waiting For Conclusion Of Trial To Reject Plaint Defeats Purpose Of Law: Kerala High Court
1 year, 5 months ago

Order VII Rule 11 | Waiting For Conclusion Of Trial To Reject Plaint Defeats Purpose Of Law: Kerala High Court

Live Law  

The Kerala High Court recently held that a trial judge cannot wait until conclusion of trial to decide if the plaint has to be rejected, and added that such decision should be made solely on an assessment of the plaint under Order VII Rule 11 CPC. Justice Devan Ramachandran observed that Trial judge waiting for rejecting the plaint until trial …

Order XLI Rule 25 CPC | Party Can't Amend Plaint In Court's Limited Jurisdiction To Determine Additional Issues Framed By Appellate Court: Sikkim HC
2 years, 7 months ago

Order XLI Rule 25 CPC | Party Can't Amend Plaint In Court's Limited Jurisdiction To Determine Additional Issues Framed By Appellate Court: Sikkim HC

Live Law  

The Sikkim High Court recently dismissed a petition filed under Article 227 of the Constitution seeking permission to amend plaint and file a written statement to the counter-claim filed by the respondents, pending proceedings before the Civil Court under Order XLI Rule 25 CPC.The provision provides that an Appellate Court may frame certain additional issues for examination and refer them. …

[Order VII Rule 11 CPC] Quantum Of Damages Can Only Be Decided After Trial, Not Ground To Reject Plaint: Delhi High Court
2 years, 8 months ago

[Order VII Rule 11 CPC] Quantum Of Damages Can Only Be Decided After Trial, Not Ground To Reject Plaint: Delhi High Court

Live Law  

The Delhi High Court has observed that a plaint cannot be rejected under Order VII Rule 11 of the CPC on the basis that the quantum of damages claimed in it cannot be granted.Justice Amit Bansal observed that quantum of damages to be awarded to the plaintiff can only be decided after the trial. The Delhi High Court has observed …

Suit Cannot Be Rejected Partially Under Order VII Rule 11 Of CPC: Delhi High Court
2 years, 11 months ago

Suit Cannot Be Rejected Partially Under Order VII Rule 11 Of CPC: Delhi High Court

Live Law  

The Delhi High Court has observed that there cannot be a partial rejection of a suit under Order VII Rule 11 of Code of Civil Procedure. Justice Amit Bansal was dealing with two applications filed under Order VII Rule 10 and Order VII Rule 11 of the CPC in a trademark infringement suit. 1 had preferred the applications under Order …

Plaint Liable To Be Rejected When Relief Sought Is To Restrain Defendant From Initiating Prosecution Against Plaintiff : Supreme Court
2 years, 11 months ago

Plaint Liable To Be Rejected When Relief Sought Is To Restrain Defendant From Initiating Prosecution Against Plaintiff : Supreme Court

Live Law  

The Supreme Court, on Friday, held that reliefs in a suit which seeks to frustrate the defendants from initiating a prosecution against plaintiff or seeking any other legal remedy are barred by law and can be a ground for allowing an application filed under Order VII Rule 11 of the CPC, seeking rejection of plaint. 1 argued that when the …

Order VII Rule 11 CPC - Court Has To Read Plaint As A Whole; Can't Reject It Only Reading Few Lines : Supreme Court
3 years ago

Order VII Rule 11 CPC - Court Has To Read Plaint As A Whole; Can't Reject It Only Reading Few Lines : Supreme Court

Live Law  

While considering an application for rejection of plain under Order VII Rule 11 CPC, the Court has to go through the entire plaint averments and cannot reject the plaint by reading only few lines/passages and ignoring the other relevant parts of the plaint, the Supreme Court has held.A bench comprising Justices MR Shah and BV Nagarathna set aside the judgment …

Rejection Of Plaint Under Order VII Rule 11 CPC Will Be Allowed Only If Any Of The Clauses Are Strictly Applicable To The Pleadings In Plaint: Andhra Pradesh High Court
3 years, 2 months ago

Rejection Of Plaint Under Order VII Rule 11 CPC Will Be Allowed Only If Any Of The Clauses Are Strictly Applicable To The Pleadings In Plaint: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court on Tuesday stated that the plaint cannot be rejected under an application filed by defendant in Order VII Rule 11, CPC if none of the clauses set out under Order VII Rule 11 are applicable to the pleadings strictly mentioned in the plaint. Order VII Rule 11, CPC Rejection of plaint.— The plaint shall be …

Order VII Rule 11 CPC - Plaint Can't Be Rejected If Limitation Is A Mixed Question Of Law & Fact : Supreme Court
3 years, 6 months ago

Order VII Rule 11 CPC - Plaint Can't Be Rejected If Limitation Is A Mixed Question Of Law & Fact : Supreme Court

Live Law  

The Supreme Court has held that a plaint cannot be rejected under Order VII Rule 11 of the Code of Civil Procedure if the issue of limitation is a mixed question of law and fact.A bench comprising Justices Hemant Gupta and V Ramasubramaniam observed so while reversing a Bombay High Court's judgment which had upheld a civil court's order to …

Res Judicata Is Not A Ground To Reject A Plaint Under Order VII Rule 11(d) CPC: Supreme Court
3 years, 7 months ago

Res Judicata Is Not A Ground To Reject A Plaint Under Order VII Rule 11(d) CPC: Supreme Court

Live Law  

The Supreme Court observed that the Res Judicata cannot be a ground for rejection of the plaint under Order VII Rule 11 of the Code of Civil Procedure. "Since an adjudication of the plea of res judicata requires consideration of the pleadings, issues and decision in the 'previous suit', such a plea will be beyond the scope of Order 7 …

Court Cannot Grant Liberty To Amend Plaint While Rejecting It Under Order VII Rule 11(d) CPC: Supreme Court
3 years, 8 months ago

Court Cannot Grant Liberty To Amend Plaint While Rejecting It Under Order VII Rule 11(d) CPC: Supreme Court

Live Law  

The Supreme Court held that while rejecting a plaint under Order 7 Rule 11 of Code of Civil Procedure, the Court cannot grant liberty to the plaintiff to amend the plaint.The proviso to Rule 11 covers the cases falling within the ambit of clauses and and has no application to a rejection of a plaint under Order 7 Rule 11, …

Order VII Rue 11 CPC: Court Has Inherent Power To See That Frivolous Or Vexatious Litigations Are Not Allowed To Consume Its Time: Supreme Court
4 years, 1 month ago

Order VII Rue 11 CPC: Court Has Inherent Power To See That Frivolous Or Vexatious Litigations Are Not Allowed To Consume Its Time: Supreme Court

Live Law  

The Supreme Court observed that the provisions of Order VII Rue 11 are not exhaustive and the Court has the inherent power to see that frivolous or vexatious litigations are not allowed to consume the time of the Court.In this case, the plaintiff filed a Civil Suit in the original side of the Madras High Court challenging a sale deed …

Law On Return And Rejection Vis-a-Vis Amendment Of The Plaint: Dichotomy In The Judicial Approach
4 years, 7 months ago

Law On Return And Rejection Vis-a-Vis Amendment Of The Plaint: Dichotomy In The Judicial Approach

Live Law  

A 'Plaint' is the very foundation of a civil Suit. If the said issue is answered in the negative, the Court exercises its powers under Order VII Rule 10 Civil Procedure Code, 1908 and 'Return the Plaint' for it to be presented to the Court in which the Suit should have been originally instituted, with the necessary Territorial and Pecuniary …

[Order VII Rule 11 CPC] If Plaint Does Not Disclose Cause Of Action Or Suit Is Barred By Any Law, The Court Has No Option But To Reject The Plaint: SC [Read Judgment]
4 years, 8 months ago

[Order VII Rule 11 CPC] If Plaint Does Not Disclose Cause Of Action Or Suit Is Barred By Any Law, The Court Has No Option But To Reject The Plaint: SC [Read Judgment]

Live Law  

In a judgment delivered today, the Supreme Court has observed that the provision of Order VII Rule 11 Code of Civil Procedure regarding 'Rejection of Plaint' is mandatory in nature. In this case, the Trial Court, had allowed the application filed by defendants under Order VII Rule 11, CPC holding that the suit filed by the Plaintiff was barred by …

Order VII Rule 11(d) CPC: Plaint Can Either Be Rejected As A Whole Or Not At All, Reiterates SC [Read Judgment]
5 years, 8 months ago

Order VII Rule 11(d) CPC: Plaint Can Either Be Rejected As A Whole Or Not At All, Reiterates SC [Read Judgment]

Live Law  

Plaint can either be rejected as a whole or not at all, remarked the Supreme Court while reiterating that it is not permissible to reject plaint qua any particular portion of a plaint including against some of the defendant and continue the same against the others. Holding that the judgment in Sejal Glass Limited is directly on the point, the …

Plaint Can Be Rejected If Suit Is Clearly Barred By Limitation: SC [Read Judgment]
6 years ago

Plaint Can Be Rejected If Suit Is Clearly Barred By Limitation: SC [Read Judgment]

Live Law  

The Supreme Court has observed that a plaint can be rejected under Order 7 Rule 11 of the Code of Civil Procedure, if by considering the averments, it is found that the suit is clearly barred by law of limitation. The defendant filed an application under Order 7 Rule 11 r/w Order XIV, Rule 2 CPC for rejection of the …

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