What is the meaning of Order 7 Rule 11 CPC?
This Court has held that the underlying object of Order VII Rule 11 of CPC is that when a plaint does not disclose a cause of action, the court would not permit the plaintiff to unnecessarily protract the proceedings.
When can order 7 Rule 11 be filed?
The trial court can exercise the power under Order 7 Rule 11 CPC at any stage of the suit—before registering the plaint or after issuing summons to the defendant at any time before the conclusion of the trial.
What are the grounds for rejection of plaint under O VII R 11 of CPC?
The underlying object of Order VII Rule 11 of CPC is that when a plaint does not disclose a cause of action, the court would not permit the plaintiff to unnecessarily protract the proceedings. “… in such a case, it will be necessary to put an end to the sham litigation so that further judicial time is not wasted.”
What are the rules in drafting plaint?
Basic Rules of Drafting of a Plaint under CPC
- Only facts have to be stated and not law;
- The facts stated should be material facts;
- No evidence should be stated;
- The facts should be stated in a concise, brief and clear manner.
How many orders are there in CPC?
The Code is divided into two parts: the first part contains 158 sections and the second part contains the First Schedule, which has 51 Orders and Rules.
On what grounds your civil suit can be rejected?
Grounds of rejection of the plaint. 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. Without a cause of action, a civil suit cannot arise.
Who shall produce the evidence first?
Order 18 Rule 1 of CPC prescribes “right to begin” the recording of evidence wherein the plaintiff would lead evidence first but the defendant may be permitted to lead evidence if after having admitted to the facts pleaded by the plaintiff, he so seeks to do.
What are the circumstances under which a plaint can be rejected?
Return of Plaint simply mean that the Court is not empowered to entertain the suit for which the plaint has been filed. On such circumstances, the plaint is rejected if the necessary requirements of a plaint does not meet its aspect or if the certain provisions are vague and ambiguous.
How do you write a written draft?
(12) The respondent therefore prays that the suit be dismissed with costs. Place: …………………….Format Of A Written Statement
- of the plaint is admitted and needs no reply.
- of the plaint is admitted and needs no reply.
- of the plaint is admitted and needs no reply.
- of the plaint is admitted and needs no reply.
Under which order plaint is defined?
PLAINT: ORDER VII Introduction. The term Plaint has not been defined in the Code. However, it can be defined as a statement of claim by presentation of which the suit is instituted. It is pleading of the plaintiff. Order VII lays down rules relating to plaint.
What are orders under CPC?
According to Section 2(14) of the said Code, “order” means the formal expression of any decision of a Civil Court which is not a decree. 3. Decree can only be passed in a suit which commenced by presentation of a plaint. 3.
What is an application under order 7 Rule 11?
An application under Order 7 Rule 11 r/w section 151 of CPC. That the (Matter) That the present petition s bona fide and for ends of justice. That the petitioner would be prejudiced if the prayer for rejection of plaint is rejected. For ends of justice, this petition be allowed.
When to file an application for rejection of plaint under Rule 11?
Application for Rejection of Plaint under Order VII Rule 11 of the Code of Civil Procedure can be filed at any stage and the Court has to dispose of the same before proceeding with the trial, the Apex Court has reiterated in ROJA VS. U. S. RAYU. An order rejecting a plaint is a decree and hence is Appealable.
Is a plaint admissible under order VII Rule 11?
Whenever an application is filed under Order VII, Rule 11, the court before moving forward, needs to evaluate the said application and determine whether the plaint is admissible to be instituted or not. In the case of Saleem Bhai v.
What is order VII Rule 11 of the Code of Civil Procedure?
Order VII Rule 11 of the Code of Civil Procedure 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. One of them is not mentioning the cause of action that the plaintiff seeks against the respondent.