What are the grounds for rejection of a plaint ? What will be procedure consequent to rejection of plaint ? Whether rejection of plaint precludes presentation of fresh plaint on same cause of action by plaintiff ?
Grounds for Rejection of a Plaint: The grounds for the rejection of a plaint are specifically enumerated in Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC). A plaint can be rejected by the court at any stage of the suit, even before the defendant files a written statement, if any of the following conditions are met:
- Does Not Disclose a Cause of Action (Rule 11(a)): If, even after assuming all the averments in the plaint to be true, it does not reveal any legal right of the plaintiff that has been infringed by the defendant, the plaint can be rejected. A 'cause of action' is the bundle of facts which, if proved, would entitle the plaintiff to relief.
- Undervaluation of Relief (Rule 11(b)): If the relief claimed by the plaintiff is undervalued, and the plaintiff, despite being required by the court to correct the valuation within a specified time, fails to do so, the plaint can be rejected.
- Insufficiently Stamped (Rule 11(c)): If the relief claimed is properly valued but the plaint is written on paper insufficiently stamped (i.e., the requisite court fee has not been paid), and the plaintiff fails to supply the necessary stamp paper within the time fixed by the court, the plaint can be rejected.
- Barred by Law (Rule 11(d)): If the suit appears from the statement in the plaint itself to be barred by any law (e.g., barred by the law of limitation, or by the principle of res judicata, or by any specific statute), the plaint can be rejected. The court looks only at the averments in the plaint for this determination.
- Not Filed in Duplicate (Rule 11(e)): If the plaint is not filed in duplicate as required by the rules, it can be rejected.
- Non-Compliance with Rule 9 (Rule 11(f)): If the plaintiff fails to comply with the provisions of Rule 9 of Order VII (which requires the plaintiff to present as many copies of the plaint as there are defendants, along with a list of documents), the plaint can be rejected.
The court can reject a plaint suo motu (on its own motion) or upon an application made by the defendant.
Procedure Consequent to Rejection of Plaint: When a plaint is rejected under Order VII Rule 11, the court passes an order to that effect. This order of rejection is considered a 'decree' within the meaning of Section 2(2) of the CPC. Being a decree, it is an appealable order. The plaintiff has the right to file an appeal against the order of rejection before a higher court.
Whether Rejection of Plaint Precludes Presentation of Fresh Plaint on Same Cause of Action by Plaintiff: No, the rejection of a plaint under Order VII Rule 11 generally does not preclude the plaintiff from presenting a fresh plaint in respect of the same cause of action. This is explicitly stated in Order VII Rule 13 of the CPC, which provides: "The rejection of the plaint under Rule 11 shall not of its own force preclude the plaintiff from presenting a fresh plaint in respect of the same cause of action."
Rationale: The rejection of a plaint under Rule 11 is typically based on technical defects or procedural non-compliance (e.g., lack of cause of action on the face of the plaint, undervaluation, insufficient stamp duty, or being barred by law from the statements in the plaint itself). It is not a decision on the merits of the case. Therefore, the plaintiff is usually allowed to rectify the defect(s) and present a fresh plaint. For instance:
- If rejected for not disclosing a cause of action, the plaintiff can amend the plaint to properly articulate the cause of action.
- If rejected for undervaluation or insufficient stamp duty, the plaintiff can pay the correct court fee.
- If rejected for being barred by law (e.g., limitation), the plaintiff might be able to present a fresh plaint if they can show grounds for exemption or extension of limitation (though this is often a more challenging scenario).
Important Consideration: While a fresh plaint can be presented, it must still comply with all legal requirements, including the law of limitation. If the original suit was filed close to the expiry of the limitation period, a fresh plaint might be time-barred unless the plaintiff can avail of provisions like Section 14 of the Limitation Act, 1963 (exclusion of time in certain cases).