Law On Return And Rejection Vis-a-Vis Amendment Of The Plaint: Dichotomy In The Judicial Approach
4 years, 4 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 jurisdiction to entertain the dispute. The Courts initially grappled with the question whether the benefit of amendment of pleadings can be allowed even when an application under Order VII Rule 11 CPC was pending before it. In the case of HSIL v. Imperial Ceramic, the Delhi High Court dismissed an application moved by plaintiff under Order VI Rule 17 CPC to bring forth certain additional facts in support of the earlier pleaded cause of action and simultaneously allowed the application under Order VII Rule 10 CPC. While acknowledging that the amendment application, if allowed, would have the effect of rendering the application seeking Return of Plaint infructuous, the Hon'ble Court proceeded to disallow the said amendment application stating inter alia that once the Plaint failed to disclose the Territorial Jurisdiction in its favour, it cannot assume jurisdiction to entertain/allow an application under Order VI Rule 17 CPC and has to mandatorily Return the Plaint.

Law Delhi Jurisdiction Court Courts Application Order Amendment Suit Ors Cpc Plaintiff This Court Order Vii Rule 11 Plaint Territorial Order Vi Rule 17 Order Vi Vii Rule Order Vii Rule Order Vii 10 Cpc Rule 11 Order Vii Rule 10 Territorial Jurisdiction 11 Cpc Return Rejection Rejection Of The Plaint Judicial Approach  cpc  judicial  approach  plaint  order  amendment  dichotomy  application  court  jurisdiction  visavis  return  rejection  law  plaintiff  vii  rule

History of this topic

Order VII Rule 11 CPC - No Evidence Or Merits Of Controversy Can Be Examined While Deciding Rejection Of Plaint : Supreme Court
1 year 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, 1 month 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, 2 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 VII Rule 11 CPC] Quantum Of Damages Can Only Be Decided After Trial, Not Ground To Reject Plaint: Delhi High Court
2 years, 5 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 …

Plaint Liable To Be Rejected When Relief Sought Is To Restrain Defendant From Initiating Prosecution Against Plaintiff : Supreme Court
2 years, 8 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
2 years, 9 months 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
2 years, 11 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, 3 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, 4 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, 5 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
3 years, 9 months 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 …

[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, 5 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 …

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