Kishan Dutt
When Application for Rejection PLAINT can be filed
Kishan Dutt Kalaskar 25 Jul 2025

When Application for Rejection PLAINT can be filed

When Application for Rejection PLAINT can be filed – By Kishan Dutt Kalaskar, Advocate

Introduction-

In civil litigation, an application for rejection of a plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC), serves as a crucial preliminary objection. It can be filed by the defendant at the outset or at any stage of the suit proceedings if the plaint, on its face, fails to disclose a cause of action, is undervalued or under-stamped, or if the suit is barred by any law. This application tests the very foundation of the plaintiff’s claim, allowing the court to reject the plaint without proceeding to trial. The grounds include: (a) where the plaint does not disclose a cause of action, meaning the facts alleged, even if true, would not entitle the plaintiff to any relief; (b) where the relief claimed is undervalued or the court fee paid is insufficient and the plaintiff fails to rectify it within the time granted by the court; (c) where the suit appears barred by any law, like limitation or res judicata; and (d) where the plaint is not filed in duplicate as required. Importantly, the application should be considered at the earliest opportunity, ideally before the trial starts, to avoid unnecessary proceedings. The provision empowers the court to summarily weed out meritless suits, conserving judicial time and protecting defendants from vexatious litigation. However, courts exercise caution, ensuring that technical objections do not stifle genuine claims prematurely. Thus, filing an application for rejection of plaint is a vital procedural safeguard that balances efficiency with fairness.When a defendant believes that the plaint is liable to be rejected, they can file an application under Order VII Rule 11 of the CPC. The application must clearly state the specific ground(s) for rejection and be supported by relevant legal reasoning. The court will then scrutinize the plaint as a whole, along with any documents attached to it, to decide if any of the grounds under Order VII Rule 11 are met. Importantly, the court will not consider the defence of the defendant at this stage but will focus solely on the contents of the plaint itself.Provisions Related to When an Application for Rejection of Plaint Can Be Filed

Provisions:

The key provision governing the rejection of a plaint is Order VII Rule 11 of the CPC. This rule empowers the court to reject a plaint at any stage of the proceedings if it falls under any of the following grounds:

 

Order VII Rule 11(a): When the plaint does not disclose a cause of action — i.e., even if all the allegations are accepted as true, they do not entitle the plaintiff to any relief.

 

Order VII Rule 11(b): When the relief claimed is undervalued, and the plaintiff, after being given an opportunity by the court, fails to correct the valuation within the time fixed.

 

Order VII Rule 11(c): When the plaint is insufficiently stamped, and the plaintiff does not pay the required court fee within the time allowed.

 

Order VII Rule 11(d): When the suit appears from the statement in the plaint to be barred by any law — such as limitation, res judicata, or any statutory bar.

 

Order VII Rule 11(e): When the plaint is not filed in duplicate as mandated by procedural law.

 

Order VII Rule 11(f): When the plaint does not comply with the requirements of Order VII Rule 9 (e.g., failing to provide copies of the plaint and annexures).

 

Procedural steps:

An application for rejection of plaint can be filed by the defendant at any stage, but the court is expected to decide it as soon as it is raised, to prevent unnecessary litigation. The court, while considering such an application, looks only at the averments in the plaint and the documents submitted by the plaintiff. For instance, suppose a plaintiff files a suit seeking recovery of money based on a time-barred debt — meaning the statutory period for filing such a suit has expired. The defendant can promptly file an application under Order VII Rule 11(d), asserting that the suit is barred by limitation. If the court finds merit in this argument, it will reject the plaint at the threshold without delving into the factual details of the case, thereby saving time and resources for all parties involved.

 

FAQS

Q1. At what stage can an application for rejection of plaint be filed?

A1. It can be filed at any stage of the proceedings — either right at the start (after filing of the plaint) or even during the trial if it appears that the plaint should have been rejected.

Q2. Can the court reject a plaint Suo motu (on its own)?

A2. Yes, the court has the power to examine the plaint even without an application and reject it if it falls under any ground specified in Order VII Rule 11.

Q3. What is the procedure for filing an application for rejection of plaint?

A2. Yes, the court has the power to examine the plaint even without an application and reject it if it falls under any ground specified in Order VII Rule 11.

Q4. Can the court consider evidence beyond the plaint for deciding an application under Order VII Rule 11?

A4. No, the court decides the application solely on the basis of the plaint and its accompanying documents.

Q5. What happens if the court rejects the plaint?

A5. The rejection of plaint is a decree under Section 2(2) of the CPC and is appealable under Section 96 of the CPC.

 

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