Reject the plaint under article 227 in madras high court
dheepak srinivasa
(Querist) 26 August 2018
This query is : Resolved
I am filing an petition for Rejecting the plaint under article 227, I have only the plaint copy of the opposite party but section officer is insisting on a certified plaint copy, can I file with a dispense petition for not filing a certified plaint copy... is there any precedence for this / Judgement... pl let me know.
Regards
Srinivasa
Dr J C Vashista
(Expert) 26 August 2018
It is procedural question and not a query for a dispute to be obliged and advised.
manoj
(Expert) 26 August 2018
plaint cannot be rejected under artice 227. it can be rejected under order 7 rule 11 cpc . This section involves four clauses. when there is no cause of action and barred under any law the plaint can be rejected
V E MANOJ KUMAR
ADVOCATE
CELL NO 8686159292
N.K.Assumi
(Expert) 26 August 2018
Rejection is not within the Jurisdictions of 227, but as rightly stated by Manoj, it should be within Order 7 Rule 11 of the CPC.