How Much Do You Know about Rejection Of Plaint Under Civil Procedure Code?

Introduction

The Civil Procedure Code (CPC) deals with the procedure and dealing of the civil suits. Under the CPC nowhere has it been defined that what is ‘rejection of plaint’ but grounds on which a plaint is rejected are mentioned under Order 7 Rule XI. It mentions four grounds on which a plaint can be rejected.

Rejection of plaint- the section specifies the grounds under which the plaint can be rejected:—

(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]

Grounds on which Plaint is Rejected

1. Where it does not disclose the cause of action- if the plaintiff fails to mention the facts which give him right to seek relief against the defendant and the necessary facts that are required to prove wrong done by a defendant against the plaintiff, then in such cases the plaint can be rejected. [2]
2. Where the relief claimed by the plaintiff is undervalued, or fails to correct the same on the direction of the court within a given period.
3. Where plaint is properly valued and relief under it but the plaint gets rejected on the ground of insufficient papers or papers not properly attested or stamped, where the plaintiff does not present the plaint in accordance to the Court-fees Act.
4. Where the suit is time-barred.
5. In every suit, a duplicate file of the plaint needs to be filed by the plaintiff. If this requirement is not fulfilled, the plaint is rejected.
6. Where the plaintiff fails to act in accordance with Rule 7 and Rule 9, the plaint can be rejected.
   

Provision of Rejection of Plaint under the CPC

1. Procedure for rejection of plaint- “for rejection of plaint the judge shall record order with valid reasons for the passing of such order. Recording reasons is very important when the judge rejects any plaint.”[3]

Therefore, an order needs to be recorded by the judge in case of rejection of the plaint. Reasons for such rejection should also be noted by the judge.

2. Where rejection of plaint does not preclude the presentation of fresh plaint— “The rejection of the plaint on any of the grounds hereinbefore mentioned shall not of its force preclude the plaintiff from presenting a fresh plaint in respect of the same cause of action.” [4]

If the plaint is rejected on any of the grounds mentioned under Order 7 Rule XI shall not preclude the plaintiff from presenting a fresh plaint in respect of the same cause of action.

Modes of Rejection of Plaint

1. At any stage of the proceeding, the defendant can file an application which can be in the form of an interlocutory application.
2. Under Order VII Rule 1, Suo Moto rejection can be done. A Suo Moto rejection means that if the conditions above stated are fulfilled, the court can by its own motion try a suit.

Important points to be noted

1. The plaint cannot be partly rejected and partly accepted. It is rejected as a whole. [5]
2. Where an application under Order 7 Rule XI is filled with a mala fide intention to cause delay to the proceeding, it is rejected. [6]
3. The order rejecting a plaint is a decree by a court and hence is appealable. [7]

Conclusion

Civil Procedure Code, 1908 is one of the most important document. It provides a detailed procedure of the civil suits. Comprehensive understanding of each and every provision is an important element. Rejection of plaint is done under certain grounds which are enumerated under Order 7 Rule XI. In the provision, the word ‘shall’ makes it mandatory for the court to reject the plaint when any of the points are satisfied. It is also very essential for the court to record the reasons for any order that it passes in order to reject the plaint. Moreover, if a plaint of the plaintiff is rejected by the court, it doesn’t imply that it cannot bring a suit on the same subject matter again. He is not barred from bringing a subsequent suit on the same subject-matter.

Citation-

[1] Order 7 Rule XI, Civil Procedure Code, 1908.

[2] S.M.P. Shipping Services Pvt. Ltd. V. World Tanker Carrier Corporation (2000) Bom 34.

[3] Civil Procedure Code, 1908, Order 7, Rule 12.

[4] Civil Procedure Code, 1908, Order 7, Rule 13.

[5] Kalepur Pala Subrahmanyam v. Tiguti Venkata. (1971) AP 313.

[6] Sopan Sukhdeo Sable V. Asstt. Charity Commr. (2004) SC 569.

[7] Bibhas Mohan Mukherjee v. Hari Charan Banerjee (1961) Cal 491 (FB).

The Hidden Agenda Of No Objection Certificate (NOC) Deceleration

No Objection Certificate (NOC) is a legal document, issued by an association, establishment, or a person to state that they have no objection to the referenced detailed in the document. It tends to be utilized for work, trade exchange, litigation, immigration, and numerous different purposes to invalidate any objection by the party concerned in the process.

When can a NOC be issued?

As a legal document in India, a NOC might be issued by an employer, representative, landowner, occupant, or person. It tends to be utilized 3while:

• Making a trade exchange
• An offer
• Or on the other hand business of any sort

This legal document can be utilized for or against in the official courtroom. No Objection Certificate ordinarily comprises of essential details of the parties included, and it is addressed to whosoever is concerned.

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Take a case of an individual purchasing a vehicle which is enlisted in a state, say in Maharashtra, to be utilized in another state, say in Karnataka. For this situation, the seller of the vehicle must get a NOC from the Maharashtra Regional Transportation Officer (RTO) and issue the same to the purchaser of the vehicle in Karnataka.

This kind of NOC expresses that the said vehicle has no earlier traffic offenses against it in Maharashtra. It additionally states if there is hypothecation against the vehicle in Maharashtra, or not. The purchaser of the vehicle must demonstrate this record at the time of re-enlisting the vehicle in Karnataka.

A NOC is a basic legal document that is an essential bank process, migration, vehicle and house enlistment, and in work situations. The standard NOC arrangement can be utilized for all reasons.

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Sample No Objection Certificate:

Date:

No Objection Certificate

This is to certify that Mr./Ms.__________________________________________ (Roll No. —————–) is an undergraduate/postgraduate student of in the Department of ————————- at —————————————–. He/She wishes to apply for Winter Research internship program/research project at National Institute of Science and Technology, Bhubaneswar.

The Institute has no objection in him/her undergoing a winter internship program/research project at National Institute of Science and Technology, Bhubaneswar during the period _______________________to____________________.

With best regards,

Signature :__________________________________

Name : __________________________________

(Head of Institute/Head of Department/Placement Officer )                                                                                    Seal with date

Name of the Institution:_________________________

How to apply for a NOC Certificate?

• The proprietor of the vehicle should visit the nearby RTO to submit the application for the NOC.
• The completed CMV 28 form should be submitted alongside different imperative records.
• You have to make a payment of Rs.100 for the NOC application.
• When the application has been presented, the RTO will acquire a report of the vehicle from the Police authorities to check if the vehicle is associated with any criminal case or is stolen.
• In the event that there are no pending dues or DSA cases pending against the vehicle, a receipt of clearance is acquired and No Objection Certificate is issued.
• The RTO normally takes three business days to issue the NOC Certificate.

Who ought to apply for a NOC?

The proprietor of the vehicle moving from one state or union territory then onto the another with the vehicle.

Documents required for the application of NOC:

• Registration certificate (RC)
• Insurance certificate
• Permit and fitness certificate (applicable for commercial vehicles)
• Emission test certificate (pollution under control certificate – PUC)
• Consent of Financier on CMV form 28 (if the vehicle is covered by Hypothecation, HPA or a lease agreement
• Pencil print of the chassis number for the CMV 28 form
• Photo identity and address proof

The legitimacy of a NOC Certificate

A NOC is legitimate for a time of six months. When the NOC is terminated, you won’t have the capacity to create the same for re-enrolling. You are relied upon to present the NOC and the expected documents to the local RTO of the state you are moving to, within half a year.

The NOC isn’t only required for moving a vehicle from one state onto the next, it is also required when a vehicle is being sold to somebody who means to take it to another state or union territory. The interstate vehicle exchanges can end up being somewhat complex in India. There are numerous offices and vehicle transportation firms who can help you in knowing more about the system and procedures.

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Originally published at https://legodesk.com on February 24, 2019.