UNIVERSITY INSTITUTE OF LEGAL STUDIES,

PANJAB UNIVERSITY, CHANDIGARH

“PLAINT: ORDER- VII”

A PROJECT REPORT SUBMITTED AS A PART OF CURRICULUM OF B.A.LL.B

(HONS.) IN THE SUBJECT OF

“CIVIL PROCEDURE CODE- 1”

SUBMITTED TO: SUBMITTED BY:

DR. KARAN JAWANDA SHWAS BAJAJ

(FACULTY OF LAW) ROLL NO. 69/18

UILS, PANJAB UNIVERSITY SEMESTER: 7TH

B.A.LL.B

SECTION: B
 The Code of Civil Procedure, 1908
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Acknowledgement

I would like to express my deepest appreciation to all those who provided me the possibility
to complete this report. A special gratitude to Dr. Karan Jawanda, whose contribution in
stimulating suggestions and encouragement helped me to coordinate my project especially in
writing this report.

Furthermore, I would also like to acknowledge with much appreciation the crucial role of the
staff of UILS, who gave the permission to use all required equipment and the necessary
materials to complete the task. Special thanks go to my classmates, who help me to assemble
the parts and gave suggestion about the task. I have to appreciate the guidance given by other
supervisor as well as the panels especially in our project presentation that has improved our
presentation skills thanks to their comment and advices.

Shwas Bajaj

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Table of Contents

Acknowledgement ................................................................................................................ 1

Table of Contents .................................................................................................................. 3

List of Abbreviations............................................................................................................. 4

Introduction .......................................................................................................................... 5

Institution of a Suit by a Plaint .............................................................................................. 6

Plaint- Order VII ................................................................................................................... 7

Essentials of a Plaint: Rules 1-8 ............................................................................................ 7

Admission of a Plaint: Rule 9 ................................................................................................ 9

Return of a Plaint: Rules 10, 10A, 10B ................................................................................ 10

Procedure for Return of a Plaint ...................................................................................... 12

Rejection of a Plaint: Rules 11,12,13 ................................................................................... 14

Where Plaint does not disclose a cause of action [Rule 11(a)].......................................... 16

The relief claimed in the plaint is undervalued [Rule 11(b)] ............................................ 17

Where the relief claimed is properly valued but the plaint is written upon paper
insufficiently stamped [Rule11(c)] .................................................................................. 18

Where suit is barred by law [Rule 11(d)] ......................................................................... 19

Where plaint is not filed in duplicate [Rule 11(e)] ........................................................... 19

Where plaint fails to comply with Order VII, Rule 9 [Rule 11(f)] .................................... 20

Landmark Case under Rule 11......................................................................................... 20

Procedure on rejecting the plaint ..................................................................................... 23

Dismissing a Suit as Compared to Rejection of the Plaint .................................................... 24

Documents Relied on in Plaint: Rules 14, 16, 18 ................................................................. 24

Bibliography ....................................................................................................................... 27

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List of Abbreviations

Word Abbreviation

Code of Civil Procedure CPC

Rule R

Cause of Action COA

Written Statement WS

Order Ord/ O

Supreme Court Cases SCC

All India Reporter AIR

Another Anr.

Others Ors

Civil Appeal CA

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Introduction

The basic aim of a legal system of a country is to impose duty to respect the legal rights
conferred upon the members of the society. The person making a breach of that duty is said to
have done the wrongful act. On the basis of nature and gravity of such wrongful acts, those
are separated under two categories: Public Wrong and Private Wrong. Public wrong is
deemed to be committed against the society and the Private wrong, against individuals. The
gravity of the former is greater than that of the latter. The first category is termed under the
Law as ‘crime’ governed by the Criminal Laws (Substantive and Procedural) and the second
category, as ‘civil wrong’ governed by the Civil Laws. Under the Criminal Law the action is
taken by the state in its name and the accused has to pay fine to the State’s fund and is
punished by imprisonment or sentenced to death and in such cases the proceeding is started
either by lodging the FIR or by lodging complaints (in case of Complaint cases) as provided
by the Criminal Procedure Code, 1973. In case of civil wrong, the remedy is the
compensation either liquidated or unliquidated damages; the remedial measures ensured to
the people is based on the Latin maxims damnum sine injuria (damage without injury),
injuria sine damnum (injury without damage) and ubi jus ibi remedium. According to the first
two maxims if the legal right of a person is violated, he will get the remedy, even in case
where no actual damage is caused to him; but where he has no legal right, then if any actual
damage is caused to him, he cannot be entitled to get the remedy. The ubi jus, ibi idem
remedium (where there is a right there is a remedy), speaks of the remedial measure available
in the formerly mentioned cases. Such remedial measures are enforced through the institution
of suit. The Code of Civil Procedure, 1908 is the procedural or the adjective law of India in
civil matters. In the Indian legal system, the word ‘complaint’ is used in criminal
jurisprudence while the word ‘plaint’ is used in civil law; but both mean statements of
essential facts that reveal the commission of an overt act or omission of a legal act that has
resulted in an injury to the victim.
Sections 26 and Sections 35-35B read with Orders I (Parties to the Suit), II (Framing of the
Suit), IV (Institution of the Suit), VI (Pleadings) and VII (Plaint) provide the procedural
principles and rules regarding institution of suits.
The word ‘suit’ has wider application. There is a little difference between the suits under the
CPC 1908 and the other civil suits. This is under the CPC that the suit is instituted by the
presentation of the plaint which has particular format and in other suits like the suit for

5
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divorce, the same is instituted by mere presentation of the petition by or on behalf of either
spouse.

Institution of a Suit by a Plaint

‘Suit’: Meaning within the purview of the Civil Procedure Code, 1908: The term ‘suit’ has
not been defined in the Civil Procedure Code, 1908. According to Chamber’s 20th Century
Dictionary (1983), it is a generic term of comprehensive signification referring to any
proceeding by one person or persons against another or others in a court of law wherein the
plaintiff pursues the remedy which the law affords him for the redress of any injury or
enforcement of a right, whether at law or in equity. In the Black’s Law Dictionary (7th
Edition) this term is defined as the proceeding initiated by a party or parties against another in
the court of law. According to some other views, ‘suit’ includes appellate proceeding also;
but it does not include an execution proceeding. Ordinarily, suit under the CPC is a civil
proceeding instituted by the presentation of a plaint.

Institution of Suit: Section 26(1), CPC says that every suit shall be instituted by the
presentation of a plaint or in such other manner as may be prescribed. Sub-section (2)
provides that in every plaint, facts shall be proved by affidavit.

Order 6 Rule 1 of CPC, 1908 defines Pleading as “a plaint or a written statement”. A plaint is
a legal document that contains the written form of a plaintiff’s claim. A plaint is the first step
towards the institution of a suit. It can be said to be a statement of the claim, a document by
the presentation of which a suit is instituted. However, the expression ‘plaint’ has not been
defined in the Code. Plaint is a statement of a civil wrong caused to the plaintiff on which
assistance of the Court is sought in order to get relief. It is the pleading of the plaintiff1.

Order VI deals with general rules which govern pleadings, but Order VII of the Code
comprehensively deals with the pleading of the plaintiff which is the plaint. So, a plaint is
governed by all the essentials envisaged under Order VI generally and Order VII particularly.

The provisions of Order VII have been dealt with in detail further regarding all aspect of a
plaint.

1
Girja Bai v. Thakur Das, AIR 1967 Mys 217

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PLAINT - ORDER VII

Rejection of a Documents Relied

Essentials of a Admission of a Return of a Plaint:
Plaint: Rules 11, on in Plaint: Rules
Plaint: Rules 1-8 Plaint: Rule 9 Rules 10, 10A, 10B
12, 13 14, 16, 18

Plaint- Order VII

Essentials of a Plaint: Rules 1-8

Rule 1: Particulars to be contained in a plaint-

The Plaint shall contain the following particulars: -
(a) the name of the Court in which the suit is brought;
(b) the name, description and place of residence of the plaintiff;
(c) the name, description and place of residence of the defendant, so far as they can be
ascertained;
(d) where the plaintiff or the defendant is a minor or a person of unsound mind, a
statement to that effect;
(e) the facts constituting the cause of action and when it arose;
(f) the facts showing that the Court has jurisdiction;
(g) the relief which the plaintiff claims;
(h) where the plaintiff has allowed a set-off or relinquished a portion of his claim, the
amount so allowed or relinquished; and
(i) a statement of value of the subject matter of the suit for the purposes of jurisdiction
and of court-fees, so far as the case admits

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All these particulars are essential and necessary in every plaint.

Rule 2: In Money Suits

Where the plaintiff seeks the recovery of money, the plaint shall state the precise amount
claimed.
But where the plaintiff sues for mesne profits, or for an amount which will be found due to
him on taking unsettled accounts between him and the defendant, or for movables in the
possession of the defendant, or for debts of which the value he cannot, after the exercise of
reasonable diligence, estimate, the plaint shall state approximately the amount or value
sued for.

Rule 2A: In commercial disputes, the plaintiff shall set out the interest he claims, under a
contract or some Act, the rate of interest, the date from which it is being claimed and till
when it is to be calculated etc.

Rule 3: Where the subject-matter of the suit is immovable property -Where the subject-
matter of the suit is immovable property, the plaint shall contain a description of the property
sufficient to identify it, and, in case such property can be identified by boundaries or numbers
in a record of settlement or survey, the plaint shall specify such boundaries or numbers.

Rule 4: When plaintiff sues as representative -Where the plaintiff sues in a representative
character the plaint shall show not only that he has an actual existing interest in the subject-
matter, but that he has taken the steps necessary to enable him to institute a suit concerning it.

Rule 5: Defendant's interest and liability to be shown - The plaint shall show that the
defendant is or claims to be interested in the subject-matter, and that he is liable to be called
upon to answer the plaintiff's demand.

Rule 6: Grounds of exemption from limitation law - Where the suit is instituted after the
expiration of the period prescribed by the law of limitation, the plaint shall show the ground
upon which exemption from such law is claimed.

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Rule 7: Relief to be specifically stated - Every plaint shall state specifically the relief which
the plaintiff claims either simply or in the alternative2, and it shall not be necessary to ask for
general or other relief which may always be given as the Court may think.

Analysis- But we must remember that alternative reliefs should not be mutually destructive.
General prayers for costs, general reliefs, damages need not be asked for, it is the prerogative
of the Court how much to give and the same rule applies to a defendant. Also, there is no bar
on a Court to grant a relied which has not been asked provided it should have emerged from
the plaint and supported by evidence.3 Unclaimed relief can be given provided it does not
cause prejudice to the other party4.

Bachraj Nahar v. Nilima Mandal5- If a larger relief is sought Court may give a lesser relief
but where a smaller relief was sought, Court shall not give a greater relief.

Rule 8: Relief founded on separate grounds - Where the plaintiff seeks relief in respect of
several distinct claims or causes of action founded upon separate and distinct grounds, they
shall be stated as far as may be separately and distinctly.

Admission of a Plaint: Rule 9

Rule 9: Procedure on Admitting Plaint- Where the Court orders that the summons be
served on the defendants in the manner provided in rule 9 of Order V, it will direct the
plaintiff to present as many copies of the plaint on plain paper as there are defendants within
seven days from the date of such order along with requisite fee for service of summons on the
defendants.

If the necessary format and essentials of plaint are complied with, it shall be admitted by the
court and where the summons are to be served by court (o.5, r.9), the plaintiff will be
required to file as many copies of plaints as are number of defendants and summon fees
within 7 days of such order (R9). Usually, when a suit is instituted, the plaint is always filed
in duplicate (Ord 4, R1). The plaint if duly filed, the particulars of suit will be entered in a
register wherein the suit shall be numbered. (Ord 4, R2)

2
Kedar Lal v. Hari Lal, AIR 1952 SC 47
3
Gopal Krishna Pille v. Meenakshi. 1967 SC
4
Om Prakash v. Ram Kumar, (1991) 1 SCC 441
5
(2008) 17 SCC 491

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Return of a Plaint: Rules 10, 10A, 10B

Rule 10: Return of plaint –

(1) Subject to the provisions of rule 10A, the plaint shall at any stage of the suit be returned to
be presented to the Court in which the suit should have been instituted.
Explanation. — For the removal of doubts, it is hereby declared that a Court of appeal or
revision may direct, after setting aside the decree passed in a suit, the return of the plaint
under this sub-rule.
(2) Procedure on returning plaint. —On returning a plaint, the Judge shall endorse thereon the
date of its presentation and return, the name of the party presenting it, and a brief statement of
the reasons for returning it.

This rule states that the plaint will have to be returned in such situations where the Court is
unable to entertain the plaint, or where it does not have jurisdiction to entertain the plaint.
The Courts can exercise the power of returning the plaint for presentation before the
appropriate Court if it feels that the trial Court itself did not have the appropriate jurisdiction
in the first place. Plaint can be returned on any stage of the suit (including appellate stage)
and even before the defendant has appeared.
For instance, a plaint is filed in the city civil court by A against his employer for unlawful
retrenchment from a job. Since there are specific labour courts to deal with these cases, the
city civil court does not have the jurisdiction to adjudge and hence, plaint can be returned by
the court. Under this rule, the court can return the plaint for lack of jurisdiction but the
plaintiff has every right to file the plaint again in the appropriate forum.

It simply means that the court is not empowered to try the suit for which the plaint is filed.
On the contrary, the plaint is rejected if the essential requirements of a plaint are not provided
in the plaint or if the certain elements are vague and ambiguous.
The court can lack jurisdiction on three occasions:
1. Territorial Jurisdiction
Every court has a specific territory under its control and it can take cases when disputes have
arisen in those territories only.
Territorial jurisdiction is determined according to the law. For instance, under the Hindu
Marriage Act, 1955, a divorce petition can be filed in the place where the married couple
resided during marriage or where they last resided before separation or where the wife resides

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after separation. Thus, all these courts have territorial jurisdiction. Nevertheless, if a plaint is
filed outside these places, it can be returned.

2. Pecuniary Jurisdiction
The term pecuniary means related to money or monetary. Every suit is required to be valued
according to the compensation that is claimed and the value of the property which is in
dispute, if any. This is called suit valuation and it is decided according to the State Suit
Valuation and Court Fees Acts. Now, every court has been allotted a limit which means a suit
which is valued within the limits of that court’s pecuniary jurisdiction is admissible and rest
is returned.
In general, Small Causes Courts have jurisdiction for suit valued between INR 1 to 2,00,000.
Junior Civil Judge exercises jurisdiction for suits valued between INR 2,00,001 to 10,00,000.
Senior Civil Judge can exercise his jurisdiction in cases valued above INR 10,00,000 and up
to 20,00,000 and any case above 20,00,000 is taken to the High Court. However, the
pecuniary jurisdiction differs from state to state and was also amended by the Commercial
Courts Establishment Act in Delhi.

3. Subject-matter Jurisdiction
As explained before, every court has been established to deal with cases of specific nature.
For instance, civil courts deal with civil cases, criminal courts deal with criminal matter,
family courts deal with personal laws and so on.
If it is filed before a court that does not deal in that matter, the court is empowered to return
the plaint to be filed before competent court.

Rule 10(2) talks about the procedure for return of a plaint and details to be given on return. It
is very essential for the court to give and record reasons in writing as to the return of a plaint
because of the fact that such an order is an appealable order6. We also have to see the
application of Section 14 of the Limitation Act, which envisages that where the plaintiff has
prosecuted in wrong jurisdiction, then this entire period is excluded while calculating
limitation period for institution of suit.

6
Order 43 Rule 1(a)

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The court fee payable on the plaint is the Court Fee which is payable in the new court on the
date of presentation. If any court fee was already paid earlier, then plaintiff can ask for its
adjustment.

The procedure for returning the plaint depends upon two circumstances. First, where the
court in the initial hearings identify that it does not have the jurisdiction to try the case and it
feels that the plaint needs to be returned.
Second, where the defendant has appeared and after which the court believes that plaint needs
to be returned for lack of jurisdiction.

In cases where the defendant has not yet appeared and the court opines to return the plaint,
Order 7 Rule 2(2) mandates the court to endorse the following particulars on the plaint:
 Date on which the plaint was initially presented
 Date on which the plaint is being returned by the court. The returning date is not the
one where the court formed the opinion but when the court actually returned the
plaint.
 Cause title, i.e., the details of the party which presented the plaint.
 Reasons that compelled the court to return the plaint.

Rule 10A of Order 7 applies to the situation where the plaint is returned after the defendant(s)
has/have appeared before the court. In cases where the plaint is returned under Rule 10, the
plaintiff must file the same plaint as it is and cannot file a plaint which has now been
absolutely changed, no choice is given to the plaintiff when a plaint is returned except to file
the returned plaint as it is before the correct forum. However, this does not apply to the
written statement of the defendant7.

Procedure for Return of a Plaint

Rule 10A – Procedure for Return of Plaint by Court of 1st instance.

Rule 10B- Procedure for Return of Plaint by the appellate court

Rule 10B: The following list summarises the procedure that needs to be followed while
returning the plaint:

7
Pawan Kumar Sethi And Ors. vs Smt. Kiran Alias Hema And Ors., AIR 1999 P H 251

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(a) The court must intimate the plaintiff through registered post or any authorized manner
that the plaint is to be returned for lack of jurisdiction.
(b) The plaintiff needs to appear before the court either personally or through his counsel.
(c) The plaintiff is required to inform the court as to where the plaintiff proposes to file
the new plaint after it is returned by this court.
(d) The court may fix the date of appearance of plaintiff and defendant before the
competent court where the new plaint is filed.
(e) The court may, at the request of the plaintiff, serve notices to the plaintiff and
defendant requiring them to appear before the competent court and intimating them of
the return of plaint.
(f) This notice shall serve as summon and no new summon will be required to be issued
by the court where the returned plaint is filed.

Rule 10B: Power of appellate Court to transfer suit to the proper Court
(1) Where plaintiff does not accept return and appeals it to higher court which confirms or
upholds order of return, the further the Appellate Court may direct to file the plaint in correct
forum subject to limitation whether the right forum lies within the jurisdiction of the
Appellate Court or not, and fix date for appearance by the parties, and no fresh summons
shall be needed and the plaintiff has no option but to agree to summons.

(2) The direction made by the Court under sub-rule (1) shall be without any prejudice to the
rights of the parties to question the jurisdiction of the Court, in which the plaint is filed, to try
the suit.
For instance- A files an appeal in Punjab High Court for a return of his plaint by the District
Court, Ludhiana. But Punjab HC uphold return of plaint and thereby directs A to file suit in
Court of West Delhi, however, A now feels that the suit should be filed in the Court of South
Delhi, now the order of return by the Punjab HC shall not bar the plaintiff to challenge the
new jurisdiction.

An Important Controversy- If a plaint is returned under Order VII Rule 10 and 10A of
CPC, for presentation in the court in which it should have been instituted, whether the suit
shall proceed de novo or will it continue from the stage where it was pending before the court
at the time of returning of the plaint?

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Answering a reference in EXL Careers v. Frankfinn Aviation Services Pvt. Ltd8 the 3-
judge bench of RF Nariman, Navin Sinha and Indira Banerjee, JJ has held that if a plaint is
returned under Order VII Rule 10 and 10A of CPC, for presentation in the court in which it
should have been instituted, the plaint is to be considered as a fresh plaint and the trial is to be
conducted de novo.
The Court was hearing the reference by a two Judge Bench opining a perceived conflict
between two Division Bench decisions in Joginder Tuli v. S.L. Bhatia9, also Oriental
Insurance Company Ltd. v. Tejparas Associates and Exports Pvt. Ltd. 10, which said it
will continue from where it is left and on the other hand Oil and Natural Gas Corporation
Ltd. v. Modern Construction & Co.11, which said that trial would start de-novo.
So, the Supreme court upheld the decision in ONGC and overruled the other two judgements.

Therefore, the presentation of a plaint in the correct court after its return is not a transfer of a
suit, it is not a continuation of a proceeding which was initiated in the wrong forum. Hence,
correct forum cannot take up the proceedings from where they stood at the wrong court, it
will start afresh. Return of a plaint does not tantamount to transfer.

Rejection of a Plaint: Rules 11,12,13

Background: Judicial time is precious and ought to be employed in the most efficient
manner possible. Sham litigations are one such menace that not only waste the time of the
courts, but also cause unwarranted prejudice and harm to parties arrayed as defendants in
such litigations, thereby defeating justice. In order to deal with such a menace, the CPC,
under Order VII Rule 11 provides litigants the option to pursue an independent and special
remedy, empowering courts to summarily dismiss a suit at the threshold, without proceeding
to record evidence, and conducting trial, on the basis of the evidence adduced, if it is satisfied
that the action should be terminated on any grounds contained in this provision.
Rule 11 elaborates on the rejection of plaints in certain circumstances. It has mentioned
certain grounds on the basis of which the plaints are rejected by the courts. This rule is

8
2020 SCC Online SC 621
9
(1997) 1 SCC 502
10
(2019) 9 SCC 435
11
(2014) 1 SCC 648

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merely a procedural rule which ensures nothing but the proper application of the Court Fees
Act 1870.
It is necessary to decide the application of rejection of the plaint under Order VII. The
defendant cannot be asked to file a written statement without deciding on such an application
if there is any. Furthermore, this rule can be applied at any stage of the proceedings. In a case
before the Calcutta High Court, Selina Sheehan v. Hafez Mohammad Fateh Nashib12, the
plaint was rejected even after it was numbered and instituted as a suit.
In the case of Saleem Bhai v. State of Maharashtra13 held that for the purpose of deciding an
application under Order VII, Rule 11, only the averments in the plaint are germane. That,
pleas taken by defendant in written statement at that stage is wholly irrelevant and that the
direction to file a written statement by the trail court without deciding on the application
under Order VII, Rule 11 would be nothing but a procedural irregularity. A plaint can be
rejected even after framing of issues in a case14.
An order rejecting a plaint is a deemed decree under section 2(2). It is the duty of the
Court to examine the plaint thoroughly and decide whether the plaint should be admitted or
sent back for making amends to it.
Rule 11: Rejection of plaint- 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, and the plaintiff, on being required by the Court
to correct the valuation within a time to be fixed by the Court, fails to do so;
(c) where the relief claimed is properly valued, but the plaint is returned upon paper
insufficiently stamped, and the plaintiff, on being required by the Court to supply the
requisite stamp-paper within a time to be fixed by the Court, fails to do so;
(d) where the suit appears from the statement in the plaint to be barred by any law;
(e) where it is not filed in duplicate;
(f) where the plaintiff fails to comply with the provisions of rule 9:
Provided that the time fixed by the Court for the correction of the valuation or supplying of
the requisite stamp-paper shall not be extended unless the Court, for reasons to be recorded,
is satisfied that the plaintiff was prevented by any cause of an exceptional nature from
correcting the valuation or supplying the requisite stamp-paper, as the case may be, within the

12
AIR 1932 Cal 685
13
2002 Supp (5) SCR 491
14
Samar Singh v. Kedar Nath, AIR 1987 SC 1926

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time fixed by the Court and that refusal to extend such time would cause grave injustice to
the plaintiff.

The filing of a plaint is a sine qua non for institution of a suit. It is basically a statement of
claims, treated as a repository of facts by the court. Thus, every court is obligated to analyse
the plaint, and decide whether it is fit to be admitted or not. Rule 11 under Order 7 of Code of
Civil Procedure delineates certain grounds under which the court "shall" reject a plaint.
Where Plaint does not disclose a cause of action [Rule 11(a)]

Cause of Action has been mentioned under a lot of provisions in the Code of Civil Procedure.
It is a set of allegations or facts which make up for the ground of filing a civil suit in the
Court. One instance of the mention of Cause of Action is under Order II Rule 2 of the Code.
Therein, it has been stated that for the purpose of instituting a suit, the cause of action needs
to be explicitly mentioned in the plaint. If it has not been mentioned, then the plaint will be
rejected by the Court.
It is the sole reason why a civil suit exists in the first place. It specifies the legal injury which
the person who is instituting a suit has suffered. It also has the remedy or relief which the
plaintiff is going to ask the Court to grant. The person instituting such suit also needs to prove
certain elements i.e., 1. That there existed a duty, 2. The occurrence of a breach of that duty,
3. The cause of such a breach and 4. The damages incurred by the plaintiff. Thus, if the plaint
does not allege the facts which are required for furthering the claim of the plaintiff, the plaint
shall be dismissed by the Court citing the grounds for such dismissal.
A plaint can be rejected by the Court if it does not mention a cause of action which is to be
taken by the plaintiff against the respondent. It is perceived as an abuse of the process of the
Court. Cause of Action has been mentioned at various places in the Code of Civil Procedure.
Without a cause of action, a civil suit cannot arise. The cause of action is necessary because it
discloses the facts that made the plaintiff take such action. When the plaint is being rejected,
the court needs to just look at the plaint and nothing else.
Moreover, a part of the plaint cannot be rejected, the plaint if rejected, has to be rejected as
a whole. However, there can be partial striking out of pleadings under Order VI Rule 16 of
the Code, but not partial rejection of the plaint.
To file a suit, the offended party needs to have a locus standi. One needs to show that some
legitimate right of the individual has been damaged. Such infringement ought to likewise
bring about some damage caused to the individual. If no lawful right has been disregarded,

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the individual would not have a locus standi for recording a suit. The gathering
fundamentally can show the Court that there was an adequate reason for activity behind the
documenting of the suit. The locus standi of the suit relies on whether any grounds were
abused which brought about the dismissal of the plaint.
The power to reject a plaint on this ground should be exercised only if the court comes to the
conclusion that even if all the allegations set out in the plaint are proved, the plaintiff would
not be entitled to any relief. In that case, the court will reject the plaint without issuing
summons to the defendants. The reading of the plaint should be meaningful and not formal 15.

There is a difference between a plea that the plaint does not disclose a COA and a plea
that there is no COA: For determining whether the plaint discloses the COA or not,
averments in the plaint are alone relevant and material16. No COA would mean that there is
no infringement which gives rise to a COA in law, whereas does not disclose a COA court
has to read between the lines, when COA is not clearly given or is very ambiguous 17. In the
case of Sajjan Sikaria v. Shakuntala Devi18, it was held that:
(a) While dealing with Rule 11, the consideration should not be the written statement of
the defendant.
(b) Similarly, the fact that the plaintiff may not succeed in his claims is no ground for
rejection of a plaint.
In Samar Singh v. Kedar Nath Alias K.N. Singh & Ors 19., an appeal was filed under Section
116-A of the Representation of the People Act, 1951 against the judgment of the Allahabad
High Court. The respondent i.e., Kedar Nath won the Lok Sabha Elections from Hapur. The
appellant was able to secure only 617 votes in the election. The election petition was rejected
under Order VII Rule 11 of the Code of Civil Procedure because it did not disclose any cause
of action.

The relief claimed in the plaint is undervalued [Rule 11(b)]

Under Rule 11(b), if the plaint presented has the claim undervalued then the court can
prescribe a time frame within which the relief claimed has to be correctly valued, (in case)

15
Abdulla Bin Ali v. Galappa, (1985) 2 SCC 54, Begum Sahiba v. Nawab Mohd. Mansure, (2007) 4 SCS 343
16
Hardesh Ores Pvt. Ltd. v. Hede and Co., (2007) 5 SCC 614
17
State of Orissa v. Klockner, (1996) 8 SCC 377
18
Civil Appeal No. 7232 of 2005
19
Supra 14

17
 The Code of Civil Procedure, 1908
Plaint -Order VII

failing in doing so, the court can reject the plaint. Though with the correct valuation, the
plaintiff can file a fresh suit under Order VII, Rule 13.
In considering the question whether the suit is properly valued or not, the court must confine
its attention to the plaint only and should not look at the other circumstances which may
subsequently influence the judgment of the courts as to the true value of the relief prayed
for20.
Valuation of a suit is important for two purposes:
 To decide the jurisdiction of the Court
 To decide the leviable Court Fee
Undervaluation of a suit goes to the very root of maintainability of a suit and hence, a
defendant is entitled to raise the objection at any point of time irrespective of the nature of the
suit – S.K. Nayak v. S. Ganesh Nayak21.

Where the relief claimed is properly valued but the plaint is written upon paper
insufficiently stamped [Rule11(c)]

As the case may be at times, the relief claimed is properly valued but the plaint is written on
paper that is insufficiently stamped and authorized. The plaint is liable to be rejected if the
person is unable to present the court with the requisite stamp-paper. However, if the requisite
court fee is paid within the time extended by the court, the suit or appeal must be treated as
instituted from the date of presentation of plaint or memorandum of appeal for the purpose of
limitation as well as payment of court fee22.
In the case of Midnapur Zamindary Co. v. Secretary of State23, the plaintiff was required to
submit the amended plaint along with duly stamped paper – but the plaintiff failed in
supplying with a stamped paper. To this, the court observed that the plaintiff will not be
allowed to amend his plaint and subsequently, the plaint was rejected. In other cases where
plaintiff is not able to pay up with the required fee, he may apply to continue the suit as an
indigent person24.

20
Meenakshisundram v. Venkatachalan, (1980) 1 SCC 616
21
AIR 1992 SC 1526
22
Mannan Lal v. Chotaka Bibi, (1970) I SCC 769
23
AIR 1938 Cal 804
24
Order 33

18
 The Code of Civil Procedure, 1908
Plaint -Order VII

It is imperative here to corelate Rule 11 clauses (b) and (c) to Section 149, CPC which
allows the court to allow a party to make up the deficiency of court-fees payable on a plaint,
memorandum of appeal etc., even after the expiry of the limitation prescribed for the filing of
such suit or appeal.

Where suit is barred by law [Rule 11(d)]

Where it appears that the suits so instituted is barred by any other existent law, the plaint for
the same shall be rejected. For instance, where a person entitled to institute a suit or make an
application for the execution of a decree, is at the time from which the prescribed period is to
be reckoned, a minor or insane, or an idiot, he may institute the suit or make the application
within the same period after the disability has ceased25. If not, then for that reason the plaint
shall be rejected.
On another instance, where in a suit against the government, the plaint does not state that a
notice as required by Section 80 of the Code has been given, the plaint will be rejected under
this clause26.
It is the duty of the court to consider suo-moto whether a suit filed is barred by any law. In
other words, the court is bound to consider such question whether such question is raised by
the parties or not27.
In Raghwendra Sharan Singh v. Ram Prasanna Singh 28, the cause of action had arisen when
the plaintiff challenged the gift deed after a period of approximately twenty-two years from
the date of the execution of the same. The plaintiff in the case has challenged the gift deed
with the allegations that the gift deed is a showy one hence not binding. The Hon’ble
Supreme Court after hearing both sides, in view of the facts of the case, held that this suit is
unequivocally prohibited by The Law of Limitation. And, the plaint needs to be rejected
under Order VII Rule 11 of the Code.

Where plaint is not filed in duplicate [Rule 11(e)]

Under Order 4, Rule 1, plaint is required to be filed in duplicate. In the absence of same,
plaint is liable to be rejected by the court.

25
Section 6, Limitation Act, 1963
26
Bhagchand v. Secy. Of State, (1926 – 27) IA 338
27
Sasan Power Ltd. v. North American Coal Corporation India P. Ltd., (2016) 10 SCC 813
28
CIVIL APPEAL NO. 2960 OF 2019

19
 The Code of Civil Procedure, 1908
Plaint -Order VII

Where plaint fails to comply with Order VII, Rule 9 [Rule 11(f)]

In case the plaint fails to meet the requirements specified under Order VII, Rule 9 of the
code, the plaint shall be rejected.
In M/S. Bay Berry Apartments Pvt. Ltd. V. Shobha & Ors 29, the Hon’ble SC held that
provisions or Rule 11 are not exhaustive in nature, other grounds can also be envisaged like
for example- plaint is signed by unauthorized person, premature suit in anticipation of
infringement of a civil right etc.
The courts have expounded few other grounds which are in addition to the grounds laid down
in Rule 11. These grounds have been created by instances in several cases and as the court
found necessary. These are:
In Radhakishen v. Wali Mohammed30, the court allowed the rejection of plaint by the senior
civil court because the person whose signature was present on the plaint was not the
authorized signatory of the entity but someone else. The court allowed the error to be
amended within 7 days but since, the plaintiff to do so, it was rejected.
In Arivandanam v. T.V. Satyapal31, the court held that the intention of the plaint has to be
understood from its wordings. If the plaint is exasperating and the court believes that it is
filed with a malicious intention to irk the defendant and that it lacks merit, it can be a valid
ground for rejection.

Landmark Case under Rule 11

Case Law: Dahiben v. Arvindbhai Kalyanji Bhanusali (D) thr LRS &Ors32
The Supreme Court while dealing with an appeal against an order allowing rejection of a suit
at the threshold, had occasion to consider various precedents, discussing the intent and
purpose of O7 R11, while setting out the principles in relation to the same.

Factual Background:
The subject matter in question here was a plot of agricultural land which was under the
ownership of plaintiff. The said property was sold to Respondent No, 1 vide registered sale

29
[2006] Insc 690
30
AIR 1956 Hyd. 133
31
(1997) 4 SCC 467
32
2020 SCC Online SC 562

20
 The Code of Civil Procedure, 1908
Plaint -Order VII

deed, for an amount of Rs. 1,74,02,000, dated 02.07.2009. Subsequently, respondent issued
26 cheques amounting to Rs. 1,74,02,000 as a consideration.
On 01.04.2013, Respondent No. 1 sold the property to Respondent No. 2 & 3 vide registered
sale deed, for a total amount of Rs. 2,01,00,000. Thereafter, on 15.12.2014, the plaintiff filed
the suit against Respondent No. 1 for the reason being that the consideration to him was not
paid entirely by Respondent No. 1 – where only Rs 40,000 had been paid in cheques and the
remaining cheques were bogus. It was also pleaded by the plaintiff that the subsequent sale of
land to Respondent No. 2 & 3 be cancelled and declared as being illegal, void and ineffective.
Following this, Respondent No. 2 & 3 filed an application under Order VII, Rule 11(a) and
(d) for the rejection of plaint on the grounds that; firstly, the plaint didn’t disclose any cause
of action and secondly, the suit was barred by limitation since the suit ought to have been
instituted within three years of the initial sale deed, i.e., on 02.07.2009, which was not the
case here.
The Trial Court allowed the application and rejected the plaint at the threshold on the ground
that the suit was barred by limitation. The Plaintiff filed an appeal before the Gujarat High
Court (“High Court”), which in turn upheld the order of the Trial Court. Accordingly, the
Plaintiff came before the SC impugning the order of the High Court.

Judgement and Analysis:

1. The Object and Purpose of O7 R 11- While dealing with the appeal before it, the SC
considered various precedents on the underlying object of O7 R 11. It observed that if
no COA is disclosed in the plaint or if the suit is barred by limitation, the court would
not permit protraction of the proceedings. In such a case, it would be necessary to put
an end to the sham litigation, so further judicial time is not wasted. Placing reliance
on Azhar Hussain v. Rajiv Gandhi33, it opined that the entire purpose of conferment of
such powers under O7 R 11 is to ensure that a litigation, which is meaningless, and
bound to prove abortive should not be permitted to occupy the time of the courts, and
exercise the mind of the respondent.
2. The Determining Test: The SC clarified that courts, while dealing with such an
application seeking rejection of a plaint, ought to determine whether the plaint
discloses a cause of action by scrutinising the averments in the plaint, read in
conjunction with the documents relied upon. In this regard, it also clarified that while

33
1986 Supp CC 315

21
 The Code of Civil Procedure, 1908
Plaint -Order VII

making such a determination, courts would have to disregard the pleas taken by the
defendant in the written statement and application for rejection of the plaint on
merit34. Hence, the SC clarified that while determining any application filed under O
7 R11, the courts should restrict itself to the plaint and should not go into the detail
facts as provided under the written statement or even the application filed under O7 R
11.
The SC reiterated the test laid down in Liverpool and London S.P. and I Association
Ltd. v. M.V. Sea Success35, which inter alia provides that whether the plaint discloses
a cause of action or not is essentially a question of fact. However, whether it does or
does not must be found from the reading of the plaint itself during which the
averments made in the plaint in their entirety must be held to be correct. In other
words, the plaint must be construed as it stands, without addition or subtraction of
words36.
3. On the Suit being barred by limitation: The SC observed that the sale was concluded
upon the execution of the Sale Deed in 2009, wherein it was also recorded that
Plaintiff had received 36 cheques, covering the entire consideration for the Land and
that the Plaintiff had various opportunities to challenge the Sale Deed on grounds of
non-receipt of full consideration. There was no explanation provided as to why the
Plaintiff remained completely silent for a period of 5 and a ½ years, without even
issuing a legal notice. It found that the conduct of the Plaintiff in not taking recourse
to legal action for over 5 year from the execution of the Sale Deed in 2009 was
demonstrative of the fact that the institution of the Suit was merely an afterthought.
Accordingly, it observed that since the Suit was filed much after the expiry of three
years when the first right to sue occurred, it found the Suit to be barred by limitation.
4. On the Plaint being manifestly vexatious and without merit: The SC found that the
plea taken by the Plaintiff that it had learned of the alleged fraud only in 2014, upon
receipt of the index of the Sale Deed, was wholly misconceived since the receipt of
the index would not constitute the cause of action for filing of the suit. It also
observed that the Plaintiff had deliberately not mentioned the date of execution and
registration of the Sale Deed. Accordingly, it held the present to be a classic case
where the Plaintiffs by clever drafting of the plaint, attempted to make out an illusory

34
Sopan Sukhdeo Sable v. Assistant Charity Commissioner (2004) 2 SCC 137
35
(2004) 9 SCC 512
36
D. Ramachandran v. R.V. Janakiraman (1999) 3 SCC 267 and Vijay Pratap Singh v. Dukh Haran Nath Singh
AIR 1962 SC 941

22
 The Code of Civil Procedure, 1908
Plaint -Order VII

cause of action in order to bring the suit within limitation and hence should be
rejected at the threshold.
5. Conclusion: Through this judgment, the SC has emphasised that judicial time is
precious, and that courts are duty bound to reject vexatious plaints to avoid wastage of
judicial time. It has clarified that the power of the courts under O7 R 11 are
mandatory in nature and may be exercised at any stage of the suit, either before
registering the plaint, or after issuing summons to the defendant, or before conclusion
of the trial. However, it has also clarified that the power conferred under O 7 R 11 is a
drastic one and that the requirements enumerated therein should be strictly adhered to.

Procedure on rejecting the plaint

Rule 12: Procedure on rejecting plaint- Where a plaint is rejected the Judge shall record
an order to that effect with the reasons for such order.
Thus, an order for rejection has to be a reasoned order with proper reasons recorded in
writing, it cannot be an in-limine order due to the reason that it is a deemed decree and thus
appealable.
Parukutty Amma v. Ramaunni37 - The language provided in this provision is mandatory and if
the court does not make an order regarding the same, the plaint will still be deemed to be on
record of the Court.

Rule 13: Where rejection of plaint does not preclude presentation of fresh plaint- The
rejection of the plaint on any of the grounds hereinbefore mentioned shall not of its own force
preclude the plaintiff from presenting a fresh plaint in respect of the same cause of action.

Therefore, the rejection of a plaint despite being a deemed decree will not be barred by
reason of res-judicata. This is because it is not a decree on the merits of the case, also most of
the grounds are purely procedural in nature and hence procedure can never override justice
but is used to aid it, and a plaintiff can file a new suit on the same plaint.

37
AIR 1966 Ker 150

23
 The Code of Civil Procedure, 1908
Plaint -Order VII

Dismissing a Suit as Compared to Rejection of the Plaint

The distinction between the dismissing a suit and rejection of plaint is that there no particular
grounds on which a lawsuit may be rejected. On the off chance that the request has not been
appropriately served upon the litigant, the suit is at risk to be expelled.
Another ground is that neither one of the parties shows up upon the arrival of hearing, at that
point the Court can make a request dismissing the suit. Order IX of CPC expresses specific
grounds based on which a lawsuit can be rejected. Then again, rejection of plaint happens just
under Order VII Rule 11 of CPC.
CPC is a thorough resolution which covers the entire methodology which should be trailed by
all the civil courts in India. The plaint is the initial step to recording a suit in the court. It
should be drafted with due steadiness and diligence. It must incorporate every one of the
points of interest that have been referenced all together in Order VII.

Documents Relied on in Plaint: Rules 14, 16, 18

Rule 14: Production of document on which plaintiff sues or relies-

(1) Where a plaintiff sues upon a document or relies upon document in his possession or
power in support of his claim, he shall enter such documents in a list, and shall produce it in
Court when the plaint is presented by him and shall, at the same time deliver the document
and a copy thereof, to be filed with the plaint.
(2) Where any such document is not in the possession or power of the plaintiff, he shall,
wherever possible, state in whose possession or power it is.
(3) A document which ought to be produced in Court by the plaintiff when the plaint is
presented, or to be entered in the list to be added or annexed to the plaint but is not produced
or entered accordingly, shall not, without the leave of the Court, be received in evidence on
his behalf at the hearing of the suit.
(4) Nothing in this rule shall apply to document produced for the cross-examination of the
plaintiff’s witnesses, or handed over to a witness merely to refresh his memory

Rule 14 has been amended twice in 1999 and again in 2002. The amendments were required
to bring it in tune with the other provisions of the amended code. Where a document entered

24
 The Code of Civil Procedure, 1908
Plaint -Order VII

in the lists of documents, is not produced at the time of the plaint it shall not be received in
evidence without the leave of the court. This amendment is a step in the right direction but
the Law Commission was of the view that the plaintiff should not be compelled to file
original documents where he apprehends that they may be tampered with while in the custody
of the registry of the court. It should be open to the plaintiff to file the xerox copies of those
documents which he apprehends may be tempered. But he shall be under an obligation to
produce the same at the trial or as and when called upon by the court. This provision is a time
saving step as it directs the plaintiff to file his documents at the time of the presentation of
the plaint and in case he fails to do that the same shall not be taken in evidence without the
leave of the Court.
Before the amendment, the documents were only required to be filed after the framing of
issues. This has been done away with in the present amendment and is likely to save time.
However, this amendment does not empower the court to deal with situations where, for
special reasons, the plaintiff has failed to file a document along with the plaint.
The object underlying R14 is to exclude the production of documents of a doubtful nature38.
The court has wide discretion to allow or disallow production of documents at a later stage
having regard to the facts and circumstances of each case39.
While r 14(3) requires the plaintiff to obtain leave of the Court for producing a document
which ought to be produced in Court when the plaint is presented or to be entered in the list
to be added to the plaint, O 5 of the Code only makes annexing of a copy of the plaint to
summons a condition precedent for effective service. However, the Court, in exercise of
inherent powers, can direct the plaintiff to furnish copy of document

Rule 16: Suits on lost negotiable instruments-

Where the suit is founded upon a negotiable instrument, and it is proved that the instrument is
lost, and an indemnity is given by the plaintiff, to the satisfaction of the Court, against the
claims of any other person upon such instrument, the Court may pass such decree as it would
have passed if the plaintiff had produced the instrument in Court when the plaint was
presented,
and had at the same time delivered a copy of the instrument to be filed with the plaint.

38
Sudhir Kumar v. BOI, AIR 1991 Pat 267
39
Budhey Ram v. Hira Lal, AIR 1953 HP 52

25
 The Code of Civil Procedure, 1908
Plaint -Order VII

Thus, R16 is an exception to the general rule that all documents must be put in original such
that a copy of lost Negotiable Instruments can be filed for a claim in the suit.

Rule 17: Production of shop-book-

(1) Save in so far as is otherwise provided by the Bankers' Books Evidence Act, 1891 (XVIII
of 1891), where the document on which the plaintiff sues is an entry in a shop-book or other
account in his possession or power, the plaintiff shall produce the book or account at the time
of filing the plaint, together with a copy of the entry on which he relies.
(2) Original entry to be marked and returned- The Court or such officer as it appoints in this
behalf, shall forthwith mark the document for the purpose of identification; and, after
examining and comparing the copy with the original, shall, if it is found correct, certify it to
be so and return the book to the plaintiff and cause the copy to be filed.

This rule is made for purposes of business convenience. In the Banker’s Book Evidence Act,
1891 mode of giving evidence for some entry in baker’s book is very simple and convenient,
which has now been saved by this rule.

These were all the aspects of a plaint and we can fairly say that CPC elaborately provides for
each and every aspect and detail of making a plaint and its averments, what ought to be put
and what should not be put thereby giving a comprehensive analysis of every plaint to be
filed in a civil suit

26
 The Code of Civil Procedure, 1908
Plaint -Order VII

Bibliography

1. The Code of Civil Procedure, 1908

2. Takwani C. K., Civil Procedure with Limitation Act, 1963, 8 th Ed, Eastern Book

Company, Lucknow, 2019.

3. Sir D.F. Mulla, The Code of Civil Procedure, 19th Ed, Vol. 3, Lexis Nexis, 2017

4. MP Jain, The Code of Civil Procedure including Limitation Act, 1963, 5th Ed, Vol 1,

Lexis Nexis, 2019

Webliography-
1. SCCOnline.com
2. http://legislative.gov.in/sites/default/files/A1908-05.pdf
3. https://www.legalbites.in/grounds-and-procedure-for-return-and-rejection-of-plaint-
under-cpc-1908/
4. https://corporate.cyrilamarchandblogs.com/2020/08/supreme-court-sets-out-object-
and-purpose-of-order-vii-rule-11-of-the-code-of-civil-procedure-1908/
5. https://www.lexology.com/library/detail.aspx?g=54dd49e1-d888-4264-b916-
64f379ee8fe4
6. https://www.lexology.com/library/detail.aspx?g=54dd49e1-d888-4264-b916-
64f379ee8fe4
7. http://lawtimesjournal.in/what-is-plaint-what-are-the-grounds-on-which-it-can-be-
rejected/
8. http://www.legalservicesindia.com/article/2212/Institution-of-Suit-and-its-
Essentials.html
9. https://www.lawnn.com/plaint-under-cpc/#:~:text=www.lawnn.com-
,Plaint%20under%20CPC%3A%20Particulars%2C%20Procedure%2C%20Admissio
n%20%26%20Rejection,civil%20suit%20is%20laid%20out.

27