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basavaraj shiromani (Advocate)     24 August 2024

Rejection of plaint

Sir, suit for partiton and separation possession was filed by relying upon certain mutation entries effected around about 50 years back.  Plaintiff intentionally did not produce those mutations at the time of filing of thier suit as primary plaint documents.  The Defendants claims that the plaintiffs are no way concern with the their family.  under these circumstances, they filed an application for rejectdion of plaint on all grounds and mainly concealment of the primary documents. 

doubt is that, for rejection of plaint the plaint averments and its documents can be considered for rejection of plaint. but the plaintiff deliberately did not produced them before the court.  The defendant produced those documents relied by the pllaintiff under his plaint. 

question is that, if the suit is barred by any law is it court can consider the documents produced by the defendants which relied by the plaintiffs ?

is ther e any possibility of discovery and interogation u/o 11 rule 1 of cpc to produce those documents relied by the plaintiffs under thier suit. or to admit those documents produced by the defendants 



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 2 Replies

T. Kalaiselvan, Advocate (Advocate)     24 August 2024

On October 31, 2023, the Supreme Court of India ruled that a plaint cannot be partially rejected under Order VII Rule 11 of the Code of Civil Procedure, 1908. The court also stated that a plaint can be rejected if it doesn't disclose a cause of action. The court's analysis of the law around Order VII Rule 11 included the following: 
 
  • The plaint should be read as a whole, taking it to be true 
     
  • If the plaint discloses a cause of action, then the application under Order VII Rule 11 must fail 
     
  • If the plaint doesn't disclose a cause of action, then it should be rejected 
     
  • The court can recognize and reject a plaint if it contains clever drafting or repeated words that create an illusory cause of action 
     
  • The court can also reject a plaint if the suit is barred by law

N.K.Assumi (Advocate)     25 August 2024

But the question is why the Plaintiff did not produce those mutation documents which forms the foundation of his claims. It is the Plaintiff's  burden to prove the fact to make his evidence admissible, but you stated that the defendant has produced that document so on what grounds the suit was rejected? There is a difference beween rejection of plaint, return of plaint, and dismissal of plaint. Order VII Rule 11 speaks about rejection of plaint, and at the time of filing the suit the plaintiff might not have annexed the document but that itself is not a ground to reject the plaint, and the court should give opportunity to the plaintiff to produce it as it has not reach the stage of Order XIII of CPC, and even Order XI  is not necessary as the defendant has produced that document in question. I am of the view that the question is not clear.


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