Rejection of Plaint
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.
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 Nashib,
the plaint was rejected even after it was numbered and instituted as a suit.
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. However, the plaint is bound to be rejected by
the Court in the following circumstances –
If the plaint doesn’t mention a cause of
action (Order VII Rule 11(a))
Order 7 rule 11 Cause
of Action
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.
Order II Rule 2 of the Code
The term Cause of Action has been
mentioned in Order II Rule 2 wherein it has been stated that no person shall be
troubled more than once for the same cause of action. The principle behind this
rule is that the plaintiff has to include all the claims at once in the suit
which he is instituting. The test for the Courts is that the cases falling
under this particular provision of the Code must answer the question that the
claim in the new suit is found upon a different cause of action.
However, the plaintiff is at full
liberty to omit any part of the claim.
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