Rejection of plaint which is not duly verified
Querist :
Anonymous
(Querist) 11 November 2011
This query is : Resolved
can a plain be rejected u/o7 r 11 which is without verification
ajay sethi
(Expert) 11 November 2011
court can exercise power at any stage of the suit ie before registering plaint or after issue of summons to defendant or at any time before conclusion of trial
Advocate Rajiv Mishra
(Expert) 11 November 2011
U/O7R11 while rejecting the plaint no verification is required.
prabhakar singh
(Expert) 11 November 2011
order 7 rule 11 does not lay down any condition where a plaint can be rejected for want of verification.
prabhakar singh
(Expert) 11 November 2011
11. Rejection of plaint
The plaint shall be rejected in the following cases:—
(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 returned 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;
1[(e) where it is not filed in duplicate;
3[(f) where the plaintiff fails to comply with the provisions of rule 9];
2[Provided that the time fixed by the Court for the correction of the valuation or supplying of the requisite stamp-paper shall not be extended unless the Court, for reasons to be recorded, is satisfied that the plaintiff was prevented by any cause of an exceptional nature from correcting the valuation or supplying the requisite stamp-paper, as the case may be, within the time fixed by the Court and that refusal to extend such time would cause grave injustice to the plaintiff.]
prabhakar singh
(Expert) 11 November 2011
To me the disease seems curable under section 151 of the CODE.As the error might have crept
due to inadvertence.
Devajyoti Barman
(Expert) 11 November 2011
This is mere irregularity and no ground for rejection of plant. The relevant provision is quite self explanatory on this aspect.
s.subramanian
(Expert) 11 November 2011
Rejection of plaint for this reason is improper and illegal.
Rajeev Kumar
(Expert) 11 November 2011
I fully agree with Prabhakar sir
Kirti Kar Tripathi
(Expert) 14 November 2011
Verification of the contents of plant is mandatory, unless contents are not verified, no reliance can be given to them. However, it made clear the plant can not be rejected on this ground but suit can be dismissed on this score.
