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What is order 7 rule 11 of CPC

 What is order 7 rule 11 of CPC ? 

Order 7 Rule 11 of the Code of Civil Procedure (CPC) of India lays down the procedure for rejection of a plaint (a document that initiates a legal action) in a civil suit. As per this rule, a defendant can file an application to the court to reject a plaint on the ground that it is barred by the law or that it does not disclose a cause of action.

When the application is made, the court shall examine the plaint and the documents, if any, accompanying the plaint and if it finds that the plaint is barred by law or does not disclose a cause of action, it shall reject the plaint.

The grounds for rejection of a plaint as per Order 7 Rule 11 are:

  • The suit is barred by any law
  • The suit is barred by limitation
  • The plaint does not disclose a cause of action
  • The plaint is vexatious or oppressive
  • The plaint is for recovery of immovable property and the defendant denies the plaintiff's title and the plaintiff does not prove it
  • The plaint is frivolous or malicious.

It is important to note that the rejection of a plaint under Order 7 Rule 11 is a preliminary objection and the court has to decide it before entering into the merits of the case. Also, the rejection of a plaint under Order 7 Rule 11 is without prejudice to the right of the plaintiff to file a fresh suit.

 

For Example :- It states that if a plaintiff fails to pay the court fee required on a plaint within the time specified by the court, the suit shall be dismissed, unless the plaintiff shows sufficient cause for the non-payment. In such cases, the court has discretion to extend the time for payment of court fees or to allow the plaintiff to pay by instalments.


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