Order VII Rule 11 CPC - Plaint Cannot Be Rejected Merely On The Ground That 'Plaintiff Is Not Entitled To Any Reliefs In The Suit': Supreme Court

The Supreme Court observed that a plaint cannot be rejected under Order VII Rule 11 CPC merely on the ground that 'the plaintiff is not entitled to any relief in the suit'.

In this case, the plaintiff filed a suit for permanent injunction against the defendant. The defendant filed an application under Order VII Rule 11 CPC seeking rejection of the plaint and the same was dismissed by the Trial Court holding that reading of the plaint prima facie disclosed cause of action to the plaintiff.

In petition challenging this order before the High Court, the defendant contended that simpliciter suit of permanent injunction is not maintainable as no declaration has been sought by the plaintiff. The said petition was dismissed by the High Court.

While considering the Special Leave Petition, the Apex Court bench noted that the case on behalf of the petitioner-defendant is that the plaintiff is not entitled to any relief in the suit.

"The aforesaid cannot be a ground to reject the plaint at the threshold in exercise of powers under Order 7, Rule 11 of the CPC. The learned Trial court has rightly rejected the application under Order 7, Rule 11 of the CPC, which is rightly not interfered with by the High Court. We are in complete agreement with the view taken by the High Court. The Special Leave Petition stands dismissed.", the bench of Justices MR Shah and MM Sundresh noted in the order.

Explainer : What Is Order 7 Rule 11 CPC? When Can Plaint Be Rejected?

The Civil Procedure Code provides for the remedy of rejection of plaint under Order VII Rule 11, on certain specifically stated grounds:

(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;

(e) where it is not filed in duplicate;

(f) where the plaintiff fails comply with the provision of Rule 9.

Case details

Gurdev Singh vs Harvinder Singh | 2022 LiveLaw (SC) 963 | SLP(C) 19018/2022 | 9 Nov 2022 | Justices MR Shah and MM Sundresh 

For Petitioner(s) Mr. Arun Kumar Goyat, Adv. Mr. Subhasish Bhowmick, AOR

Headnotes

Code of Civil Procedure, 1908 ; Order VII Rule 11 - Rejection of Plaint - The case on behalf of the petitioner is that the plaintiff is not entitled to any relief in the suit. The aforesaid cannot be a ground to reject the plaint at the threshold in exercise of powers under Order 7, Rule 11 CPC. 

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