Opinion Regarding This Matter

lalit (Querist) 15 March 2011 This query is : Resolved
Plaintiffs have filed a suit for declaration & permanent and mandatory injunction titled Dharam singh and others v/s Shamlat thok & others in the court of Distt.Collector Faridabad. The suit/ plaint has been drafted in English language. now some villagers being proprietors of shamlat thok land have filed an application in the said court under O7 R11 C.P.C and Rule 44 of Punjab land revenue rules to reject the plaint of the plaintiff because as per rule 44, the suit filed in English language is barred and the court can allow to file the suit which drafted in Hindi language.

But I think that the language Hindi shown Rule 44 is only for revenue offices and not for revenue courts.

Ques.1. Whether the suit drafted in English language instead of Hindi language in maintainable or not?

Ques.2. Whether the suit / plaint can be rejected on this ground or not?

Ques.3. Whether suit/ plaint can be rejected under Rule 44 of Punjab land revenue rules being drafted in english language?

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Devajyoti Barman (Expert) 15 March 2011
Even if the language barrier applies to your case, that reason s not sufficient enough to reject the plaint.

Guest (Expert) 15 March 2011
Regarding rejection of plaint in civil courts the revenue acts will not be a bar. Only civil rules of practice will cover the pleadings. Plaint cannot be rejected.

Jebaraj Jasper Jacob (Expert) 16 March 2011
No, Plaint cannot be rejected on the ground that it is drafted in English. Plaint can be rejected under order 7 rule 11 only it it does not disclose cause of action,where the relief claimed is under valued,where the suit is appeared to be barred etc.,

Advocate Bhartesh goyal (Expert) 16 March 2011
No,plaint can not be rejected on the ground that it has been drafted in English instead of Hindi.Plaint can be rejected only on the grounds mentioned in clause a to f of O 7 R 11 of C.P.C.Court can ask you to submit Hindi version of plaint.

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