Discuss rejection and return of plaint in detail?
1- Rejection and return of plaint:
Code of civil procedure 1908 provides some rules to file a plaint under order vii. Civil courts are empowered to return or to reject a plaint on some grounds under rule 10, 11 of order vii.
1- Rejection and return of plaint:
Code of civil procedure 1908 provides some rules to file a plaint under order vii. Civil courts are empowered to return or to reject a plaint on some grounds under rule 10, 11 of order vii.
2- Applicable provisions:
i- Return of paint:
Order vii rule 10
ii- Rejection of plaint:
Order vii rule 11
i- Return of paint:
Order vii rule 10
ii- Rejection of plaint:
Order vii rule 11
3- Cross references:
i- Section 11 of suit valuation act 1887
ii- Section 4, 6, 12 and 28 of court fees act 1870
i- Section 11 of suit valuation act 1887
ii- Section 4, 6, 12 and 28 of court fees act 1870
4- Plaint – connotation of:
It is a written memorial tendered to a court in which plaintiff sets forth the cause of action and seeks judgments and relief from courts.
It is a written memorial tendered to a court in which plaintiff sets forth the cause of action and seeks judgments and relief from courts.
5- Return of plaint:
Order vii rule 10
A plaint which cannot entertain a suit shall be returned to be presented in the court in which that suit should have been instituted.
Order vii rule 10
A plaint which cannot entertain a suit shall be returned to be presented in the court in which that suit should have been instituted.
6- Grounds for returning plaint:
There is only one ground where the court shall return the plaint which is “the court has no jurisdiction”
There is only one ground where the court shall return the plaint which is “the court has no jurisdiction”
7- Time for return of plaint:
At any stage of the suit even in appeal or revision the plaint can be returned.
At any stage of the suit even in appeal or revision the plaint can be returned.
8- Procedure for return of plaint:
On returning plaint the judge shall endorse following things on plaint.
i- Date of presentation and return of plaint.
ii- Name of party presenting the plait
iii- Reasons for returning of plaint
On returning plaint the judge shall endorse following things on plaint.
i- Date of presentation and return of plaint.
ii- Name of party presenting the plait
iii- Reasons for returning of plaint
9- Remedies on return of plaint:
Following are the remedies for the plaintiff on return of plaint
i- Plaintiff may file a new suit
ii- Plaintiff may amend the plaint
iii- Plaintiff may file an appeal
Following are the remedies for the plaintiff on return of plaint
i- Plaintiff may file a new suit
ii- Plaintiff may amend the plaint
iii- Plaintiff may file an appeal
10- Appeal against order of return:
Only first appeal can be filed against the order of return
Only first appeal can be filed against the order of return
11- Rejection of plaint:
Rejection of plaint by the court on some grounds is discussed under rule 11 of order
Rejection of plaint by the court on some grounds is discussed under rule 11 of order
12- Modes of rejection of plaint:
Rejection of plaint can be held following
i- Rejection on Suo Moto
ii- Rejection on application
Rejection of plaint can be held following
i- Rejection on Suo Moto
ii- Rejection on application
13- Grounds for rejection of plaint:
Following are the grounds where the plaint is rejected
i- Rejection of plaint not disclosing cause of action:
The court readily exercises its powers to reject the plaint if it does not discloses any cause of action
ii- Rejection where relief is under value:
If plaintiff’s valuation is fictitious, the court shall reject the plaint as well
iii- Rejection of plaint insufficiently stamped:
If any plaint is insufficiently stamped, it shall be rejected by the court.
a- Reasonable time should be allowed
b- Further time should also be allowed
c- Time allowed may also be extended
iv- Rejection where suit is bard:
Any suit which is time bard, the plaint for that suit shall be rejected.
Following are the grounds where the plaint is rejected
i- Rejection of plaint not disclosing cause of action:
The court readily exercises its powers to reject the plaint if it does not discloses any cause of action
ii- Rejection where relief is under value:
If plaintiff’s valuation is fictitious, the court shall reject the plaint as well
iii- Rejection of plaint insufficiently stamped:
If any plaint is insufficiently stamped, it shall be rejected by the court.
a- Reasonable time should be allowed
b- Further time should also be allowed
c- Time allowed may also be extended
iv- Rejection where suit is bard:
Any suit which is time bard, the plaint for that suit shall be rejected.
14- Procedure for rejection of plaint:
a- The court shall record an order of rejection.
b- Reasons for such order shall also be recorded.
a- The court shall record an order of rejection.
b- Reasons for such order shall also be recorded.
15- Appeal against order of rejection:
Order of rejection amounts to a decree hence it is appealable.
Order of rejection amounts to a decree hence it is appealable.
16- Difference between rejection and return:
Following are the differences between the order vii rule 10 and order vii rule 11 of code of civil procedure.
Following are the differences between the order vii rule 10 and order vii rule 11 of code of civil procedure.
17- Difference as to modes:
i- Rejection of plaint:
Rejection of plaint can be on application or Suo Moto
ii- Return of plaint:
Return of plaint is always on Suo Moto
i- Rejection of plaint:
Rejection of plaint can be on application or Suo Moto
ii- Return of plaint:
Return of plaint is always on Suo Moto
18- Difference as to second appeal:
i- Rejection of plaint:
In case of rejection of plaint second appeal can be file.
ii- Return of plaint:
Second appeal is not allowed where plaint is returned under order vii rule 10.
i- Rejection of plaint:
In case of rejection of plaint second appeal can be file.
ii- Return of plaint:
Second appeal is not allowed where plaint is returned under order vii rule 10.
19- Difference as to decree:
i- Rejection of plaint:
Order rejecting plaint amounts to a decree.
ii- Return of plaint:
Order returning a plaint is not a decree.
i- Rejection of plaint:
Order rejecting plaint amounts to a decree.
ii- Return of plaint:
Order returning a plaint is not a decree.
20- Difference as to revision:
i- Rejection of plaint:
Where plaint is rejected revision cannot be filed.
ii- Return of plaint:
Revision can be file in case of plaint is returned.
i- Rejection of plaint:
Where plaint is rejected revision cannot be filed.
ii- Return of plaint:
Revision can be file in case of plaint is returned.
21- Difference as to nature:
i- Rejection of plaint:
Order of rejection of plaint is not exhausted in nature.
ii- Return of plaint:
Order of return of plaint is an exhausted in nature.
i- Rejection of plaint:
Order of rejection of plaint is not exhausted in nature.
ii- Return of plaint:
Order of return of plaint is an exhausted in nature.
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