Grounds for Rejection of Plaint
Grounds for Rejection of Plaint under CPC
1. Introduction
A plaint is the written statement filed by the plaintiff in a civil suit, stating the facts on which the claim is based and the relief sought. However, in certain cases, the court may reject the plaint at the initial stage if it is found to be not maintainable, defective, or barred by law.
The rejection of the plaint is governed primarily by Order 7 Rule 11 of the CPC.
2. Legal Provision – Order 7 Rule 11 CPC
Order 7 Rule 11 CPC empowers the court to reject a plaint on the following grounds:
The court shall reject the plaint in the following cases:
(a) where it is not filed in the proper form or is not accompanied by the prescribed documents;
(b) where the relief claimed is undervalued, and the plaintiff fails to correct the valuation;
(c) where the suit appears from the statement in the plaint to be barred by any law;
(d) where the relief claimed is properly valued, but the plaint is written upon stamped paper insufficiently stamped, and the plaintiff fails to remedy the defect within the prescribed time;
(e) where the suit is instituted without payment of the proper court fee;
(f) where the plaintiff has maliciously or without reasonable cause instituted the suit.
3. Detailed Grounds for Rejection of Plaint
(a) Plaint not in Proper Form or Accompanied by Required Documents
If the plaint does not comply with prescribed formats or is not supported by necessary documents (such as power of attorney, agreement, title deeds), the court may reject it.
(b) Relief Claimed is Undervalued
The plaint must have correct valuation, especially for the purpose of court fee calculation.
If undervalued, and the plaintiff fails to correct it after notice, the plaint may be rejected.
(c) Suit is Barred by Law
If the cause of action is barred by any law (e.g., limitation period expired, res judicata, arbitration agreement, waiver, waiver, or prior settlement), the court can reject the plaint.
(d) Insufficient Stamp Duty
If the plaint is on stamped paper with insufficient stamp duty and the plaintiff does not rectify the defect within time, the plaint may be rejected.
(e) Non-Payment of Proper Court Fee
Court fee is a condition precedent. Failure to pay correct court fee leads to rejection unless corrected.
(f) Malicious or Without Reasonable Cause
If the suit is instituted with malice or without any reasonable cause, the court may reject it to prevent abuse of process.
4. Important Case Laws on Rejection of Plaint
1. Rani Balbir Kaur v. Amar Singh Chahal, AIR 1962 SC 1453
Held: The court should not reject the plaint merely because it does not disclose a good cause of action; it should reject only on grounds specified in Order 7 Rule 11 CPC.
2. Ramesh Chander Kaushal v. Veena Kaushal, AIR 1978 SC 1804
Held: Rejection of plaint is a drastic measure and courts must be cautious. Plaint should be rejected only if the defect is clear and unambiguous on the face of the plaint.
3. Mohd. Sadique v. Union of India, AIR 1965 SC 845
Held: Plaint can be rejected if it is barred by law or limitation and this fact is clear from the plaint itself.
4. Siddhartha v. State of Andhra Pradesh, AIR 1980 SC 478
Held: If the plaint on the face of it discloses the suit is barred by law (for example, limitation), the court should reject the plaint.
5. Satyabrata Ghose v. Mugneeram Bangur, AIR 1954 SC 44
Held: The scope of Order 7 Rule 11 is limited; courts should not reject the plaint merely because it lacks merit or disclosure of cause of action.
5. Procedural Aspects:
The rejection can be done only at the preliminary stage before the defendant is required to file the written statement.
If the plaint does not fall within Order 7 Rule 11 grounds, the suit must proceed to trial.
Plaintiff is usually given an opportunity to rectify defects like undervaluation or insufficient court fee before rejection.
6. Summary Table of Grounds for Rejection
| Ground | Explanation | Reference Case Law |
|---|---|---|
| Plaint not in proper form or lacks documents | Non-compliance with rules or lack of essential documents | Ramesh Chander Kaushal (1978) |
| Relief claimed undervalued | Incorrect valuation affecting court fee calculation | - |
| Suit barred by law | Limitation, res judicata, arbitration, etc. | Mohd. Sadique (1965), Siddhartha (1980) |
| Insufficient stamp duty | Plaint on paper with inadequate stamp duty | - |
| Non-payment of court fee | Failure to pay prescribed court fee | - |
| Malicious or without reasonable cause | Abuse of court process | - |
7. Conclusion:
Rejection of plaint is a strict and preliminary remedy available to courts to weed out suits which are legally untenable at the outset. Courts exercise this power cautiously, only when the defect is clear from the plaint itself or is incapable of being remedied. It prevents abuse of the judicial process and saves time and resources by filtering out non-maintainable suits.
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