SPOT LIGHT ON REJECTION OF PLAINT
(I) INTRODUCTION : Rejecting Plaint is an appealable decree and appeal lies under Section 96 of Code of Procedure. So Under Order 7, Rule 11 CPC, a Plaint can be rejected only in cases enumerated in Rule 11 and not otherwise. For example, non-filing of the suit document is not one of the grounds on which, a Plaint can be rejected. Order VII Rule 11 C.P.C has dealt with various aspects relating to rejection of Plaint and this article deals with clause (a) and (d) only as most of the litigation is revolving around these clauses only. Clause (a) thereof sets out that a Plaint is liable to be rejected where it does not disclose any cause of action, inasmuch as, upon a careful and meaningful reading of the Plaint as a whole in a non-formal manner and if the same is found to be manifestly vexatious and meritless, in the sense that it failed to disclose a clear right to sue such a Plaint is liable to be rejected under Clause (a) of Rule 11 Order VII C.P.C. The reject...