Rejection of plaint
Madala Venkata Rao
(Querist) 13 June 2012
This query is : Resolved
Please provide the format of petition for rejection of Plaint as there is no cause of action
R.K Nanda
(Expert) 13 June 2012
No fixed format for it and thus take the help of lawyer.
Anirudh
(Expert) 13 June 2012
There is no specific format.
It has to be a simple application under Order 7 Rule 11.
It has to be brought to the notice of the court how from the contents of the plaint there is no cause of action. (The application cannot be based on the understanding of the Applicant or on the basis of any defence from the point of the defendant - BUT PURELY on the basis of the averments contained in the plaint it should be pointed out that there is no cause of action.)
Adv.R.P.Chugh
(Expert) 13 June 2012
If on a purposeful and rational reading of plaint (not anything else) it comes across that the plaintiff has no cause of action, the defendant can ask court to reject the plaint. The Courts are pretty liberal with this, and many a times allow amendment to amplify the COA if it is because of drafting errors, complete absence of COA entails a rejection.
N.K.Assumi
(Expert) 13 June 2012
Please specify how there is no cause of action? The learned members have clearly responded your query, but on what grounds you want the court to reject the plaint, the grounds of rejection of plaint is more important than the format.
Shonee Kapoor
(Expert) 14 June 2012
Ready made formats are not provided on this forum.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
