.png)
QUESTION | Explain the difference between implications of the rejection of plaint and return of plaint.
Importance of this question : This question was asked in Haryana Judiciary Civil law Paper 1
QUESTION POSTED ON | 07.10.2021
MODEL ANSWER WILL BE POSTED ON | 08.10.2021
Answers can be written till 08.10.2021.
How to post answer ?
1. Write your answer in a sheet of paper
2. Take picture
3. Login to get access to post answer
4. Upload the images to get them evaluated
Join our telegram group | Exclusive group for Judicial Service Preparation
For UPSC Law Optional Mains Courses click here
How to answer this question?
1. This question can be attempted in two parts:
First part- When a plaint is returned along with relevant provisions and under what grounds a plaint is rejected by court.
2. In second part discuss implications of return and rejection of plaint.
Return of Plaint: It means when a plaint is instituted before a court which has no jurisdiction to try that suit, it can return the plaint to be filed before jurisdictional court.
Order 7 Rule 10 of CPC: When a plaint is presented before the court, it has choice of admitting or returning the plaint. Plaint is returned subject to the provisions of Rule 10A of Order 7 on the ground that it has no jurisdiction to try the suit.
Rejection of Plaint: The court can reject a plaint when it is found to be deficient of any the factors provided under Rule 11 of Order 7 at any time before the conclusion of trial. It is merely an order indicating that requisite standards are not met.
Order 7 Rule 11: provides for different grounds on which a plaint is rejected by the court.
The court can reject the plaint on following grounds available under Rule 11(1)-
a) When cause of action is absent in the plaint.
b) When the relief claimed is undervalued and court had given opportunity to correct the valuation but plaintiff failed to do so.
c) When the plaint-paper is not properly stamped and plaintiff fails to supply required stamp paper within the reasonable time allotted by the court.
d) When it appears from the statement in the plaint that suit is barred by any law.
e) When plaint is not filed in duplicate
f) If the plaintiff has failed to comply the provisions of sub-rule 2 of Rule 9.
Difference between the implications of return and rejection of plaint
Please check my