REJECTION OF PLAINT

 REJECTION OF PLAINT....................
Order 7 rules 11, 12, 13.
1- ESSENTIALS CONDITIONS.
(i) If plaint does not show cause of action.
> the court should reject the plaint which is
manifestly meritless and vexatious and
does not disclose cause of acction.
> it is at the time of of institution of suit, if
occured during pending may not reject.
> for this purpose the court only looked
into and nothing else.
(ii) Relief claimed is undervalued.
> if is under valued and court given time to
correct the same.
> if plaintif fails to do so,the plaint rejected.
> if corrected valuation is exceeded
jurisdiction, the court return the plaint
under rule 10.
> section 149 is also applicable.
(iii) Suit is insufficiently stamped.
> determine correct valuation but plaint is
written upon insufficiently stamped.
> court granted time but plaintif fails to do.
> diff. b/w clauses B and C is that former
applies where suit is undervalued, the
later pre-supposes correct valuation.
(iv) When suit is Barred by law.
> the suit appears to be prima facie barred
by law.
> instances as suits barred by law.
> time barred, bad for multi ferious.
not sending prior notice, by res
judicata, by limitation, by sec 10,
12(2), ord 2 r 2, ord 9 r 9, ord 23
r 1, etc etc..
2- PROCEDURE OF COURT ON REJECTING
PLAINT. (rule 12)
> when plaint rejected the court shall
record record the effects and reasons.
3- WHEN PLAINT IS REJECTED, THE PLAINTIF
IS NOT PRECLUDED FROM PRESENTING
FRESH SUIT (rule 13).
4- MISCELLENIOUS POINTS OF RULE 11.
> Its mandatory in nature.
> Its not applicable in pauper application.
> its applicable at any stage even before
pronouncing of judgment.
> action can be taken as sou motu.
> appeal lies, revision not lie, review also
lie in appropriate cases.