Sunday, 18 August 2019

What are grounds for rejection of plaint?

O 7 R 11.  of CPC:- 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 written 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;
1[(e) where it is not filed in duplicate];
2[(f) where the plaintiff fails to comply with the provisions of Rule 9];
3[Provided that the time fixed by the Court for the correction of the valuation or supplying of the requisite stamp-papers 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-papers, as the case may be, within the time fixed by the Court and that refusal to extend such time would cause grave injustice to the plaintiff.]
1. Ins. by Act 46 of 1999, S. 17 (w.e.f. 1-7-2002).
2. Subs. by Act 22 of 2002, S. 8 (w.e.f. 1-7-2002).
3. Ins. by Act 104 of 1976, S. 57 (w.e.f. 1-2-1977).
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