Free Case Law On Order 7 Of The Civil Procedure Code

Snapshot: Order 7 of The Civil Procedure Code

In this post, I am not giving any review of mine about Order 7 of the CPC. I shall give review about this order some times later. I am giving you a snapshot of order 7 and at the end will give you the most desire Case Law.

1. The plaint shall contain the following particulars:−
   (a) the name of the Court in which the suit is brought;
   (b) the name, description and place of residence of the plaintiff;
   (c) the name, description and place of residence of the defendant, so
   far as they can be ascertained;
   (d) where the plaintiff or the defendant is a minor or a person of
   unsound mind, a statement to that effect;
   (e) the facts constituting the cause of action and when it arose;
   (f) the facts showing that the Court has jurisdiction;
   (g) the relief which the plaintiff claims;
   (h) where the plaintiff has allowed a set-off or relinquished a portion
   of his claim, the amount so allowed or relinquished; and
   (i) a statement of the value of the subject-matter of the suit for the
   purposes of jurisdiction and of court-fees, so far as the case
   admits.
2. Where the plaintiff seeks the recovery of money, the plaint
   shall state the precise amount claimed:
   In money suits
   But where the plaintiff sues for mesne profits, or for an amount
   which will be found due to him on taking unsettled accounts
   between him and the defendant, the plaint shall state approximately the amount sued for.
3. Where the subject-matter of the suit is immovable property, the plaint shall contain a description of the property sufficient to identify it, and, in case such property can be identified by boundaries or numbers in a record of settlement of survey, the plaint shall specify such boundaries or numbers.

4. Where the plaintiff sues in a representative character the
   plaint shall show not only that he has an actual existing interest
   in the subject-matter, but that he has taken the steps (if any)
   necessary to enable him to institute a suit concerning it.

5. The plaint shall show that the defendant is or claims to
   be interested in the subject-matter, and that he is liable to be
   called upon to answer the plaintiff’s demand.

6. Where the suit is instituted after the expiration of the
   period prescribed by the law of limitation, the plaint shall show
   the ground upon which exemption from such law is claimed.

7. Every plaint shall state specifically the relief which the
   plaintiff claims either simply or in the alternative, and it shall
   not be necessary to ask for general or other relief which may
   always be given as the Court may think just to the same extent
   as if it had been asked for. And the same rule shall apply to any
   relief claimed by the defendant in his written statement.

8. Where the plaintiff seeks relief in respect of several
   distinct claims or causes of action founded upon separate and
   distinct grounds, they shall be stated as far as may be separately
   and distinctly.

9.(1) The plaintiff shall endorse on the plaint, or annex
thereto, a list of the documents (if any) which he has produced
along with it; and, if the plaint is admitted, shall present as many
copies on plain paper of the plaint as there are defendants,

unless the Court by reason of the length of the plaint or the
number of the defendants, or for any other sufficient reason,
permits him to present a like number of concise statements of
the nature of the claim made, or of the relief claimed in the
suit, in which case he shall present such statements.

(2) Where the plaintiff sues, or the defendant or any of
the defendants is sued, in a representative capacity, such
statements shall show in what capacity the plaintiff or defendant sues or is sued.
(3) The plaintiff may, by leave of the Court, amend such
statements so as to make them correspond with the plaint.
(4) The chief ministerial officer of the Court shall sign
such list and copies or statements if, on examination, he finds
them to be correct.

10.(1) The plaint shall at any stage of the suit be returned
to be presented to the Court in which the suit should have been
instituted.

(2) On returning a plaint the Judge shall endorse thereon
the date of its presentation and return, the name of the party
presenting it, and a brief statement of the reasons for returning
it.

11. 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 written 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
    .
    Provided that the time fixed by the Court for the
    correction of the valuation or supplying of the requisite stamp-
    paper shall not exceed twenty-one days.

12. Where a plaint is rejected the Judge shall record an
    order to that effect with the reasons for such order.

13. The rejection of the plaint on any of the grounds
    hereinbefore mentioned shall not of its own force preclude the plaintiff from presenting a fresh plaint in respect of the same cause of action.

14.(1) Where a plaintiff relies upon documents in his
possession or power as evidence in support of his claims, he
shall produce them in Court when the plaint is presented, and
shall at the same time deliver the documents to be filed with the
plaint.

(2) The Court may return such documents on their being
substituted by photostat or true copies attested by the plaintiff’s
pleader on the undertaking that they will be produced at the time
of hearing or whenever asked for by the Court.
(3) Where the plaintiff relies on any other documents not
in his possession or power in support of his claim, he shall enter
such documents in a list to be added or annexed to the plaint and
state in whose possession or power they are.

15. Where any such document is not in the possession or
    power of the plaintiff, he shall, if possible, state in whose
    possession or power it is.

16. Where the suit is founded upon a negotiable
    instrument, and it is proved that the instrument is lost, and an
    indemnity is given by the plaintiff, to the satisfaction of the
    Court against the claims of any other person upon such
    instrument, the Court may pass such decree as it would
    have passed if the plaintiff had produced the instrument in Court
    when the plaint was presented, and had at the same time delivered a copy of the instrument to be filed with the plaint.

17.(1) Save in so far as is otherwise provided by the
Bankers’ Books Evidence Act, 1891 (XVIII of 1891), where the
document on which the plaintiff sues is an entry in a shop-book
or other account in his possession or power, the plaintiff shall
produce the book or account at the time of filing the plaint,
together with a copy of the entry on which he relies.

(2) The Court, or such officer as it appoints in this behalf, shall
forthwith mark the document for the purpose of identification; and, after
examining and comparing the copy with the original, shall, if it is found
correct, certify it to be so and return the book to the plaintiff and cause
the copy to be filed.

18.(1) A document which ought to be produced in Court by the plaintiff
when the plaint is presented, or to be entered in the list to be added or
annexed to the plaint, and which is not produced or entered accordingly,
shall not, without the leave of the Court, be received in evidence on his
behalf at the hearing of the suit 1[:
Provided that the Court shall not grant such leave save in exceptional
circumstances.]
(2) Nothing in this rule applies to documents produced for cross-
examination of the defendant’s witnesses, or in answer to any case set
up by the defendant or handed to a witness merely to refresh his
memory.

Case Law on Order 7 of The CPC:

1. Rule-11: Advelorem Court Fees:- A plaint cannot be rejected on the ground that advelorem court fees have not been paid. | 19 DLR 268
2. Rule-11: No Cause of Action: Rejection of plaint under cause of action not declared- No plaint in the eye of law- Fresh suit would lie. | 20 DLR(WP) 113, 22 BLC 153, 5 LNJ 86
3. Rule-11(c) with sec 149: Insufficient Court Fees: It should have required the plaintiff to supply the insufficient court fees and further grant him time to do so under Order 7 Rule 11(c) read with sec 149. | 22 DLR(SC) 144, 11 BLD(HCD) 489
4. Rule-14: In accordance with the said rule-14 if the documents are in the power of the plaint to produce they should, at last, be produce at or before the first hearing. | 25 DLR 62
5. Rule-11: A plaint and be rejected at any stage of the suit even after its registration and after remand by the appellate court. | 1935 CAL 764, 1922 CAL 506, 9 ADC 55
6. Rule-11: Court is competent to reject the plaint at any stage of the suit, but it should be done at the earliest opportunity to save the parties from unnecessary expenses and to avoid prolongation of the dispute. | 1 BLD(HCD) 361
7. Rule-11: Plaint having disclosed a cause of action and accrued of interest in the suit property, the plaint cannot be rejected. | 2 BLD(HCD) 160
8. Rule-11 with sec-151: For specific performance of a contract- the learned judge invoked section 151 of the code, but the inherent power under the section cannot be exercised on assumption and presumptions of facts and or on suspicious. | 1 LM(AD) 341, 7 ALR(AD) 47
9. Rule-11 with Order 39 R-2(3): No application under Order 7 rule 11 of this code lies in violation Misc. case filed under Order 39 R-2(3) of the code inasmuch as such violation application can never be termed as a plaint. | 2 LNJ 492
10. Rule-11(d) with S.R. Act sec–9 with Article– of the Limitation Act: A suit filed U/S-9 of the S.R. Act is governed by Article-3 of the Limitation Act. The suit having not been filed within 6 (six) months from the date of the dispossession, the plaint is liable to be rejected under rule-11(d). | 2 LNJ 599
11. Rule-11 with sec-10: Although the court of settlement has a limited jurisdiction to look into whether a particular property answer to the definition of abandoned property or not for the purpose it has also jurisdiction to see whether the applicant has also locus standi to claim the to claim the property in question….. . In such a suit, the court can also invoke its inherent power and reject the plaint. | 2 LNJ 314
12. Rule-11: The ultimate result of the suit is as clear as daylight, the plaintiff should not be allowed to reopen the same matter afresh losing up to HCD. | 2 LNJ 164
13. Rule-11: Appealable Order: No revision application lies U/S-115(2) of The C.P.C. against the order of rejection of plaint as it is an appealable order. | 2 LNJ 164
14. Rule-11: Frivolous and Vexatious: The court cannot travel beyond the averments made by the plaintiff in his plaint and also cannot take into account materials beyond his plaint to declare the case of the plaintiff as frivolous and vexatious. The court is not required to take into consideration the defense set up by the defendant in his written statement or written objection. | 10 BLC(AD) 8, 18 MLR(HCD) 49, 49 DLR 531, 49 DLR 234, 35 BLD(HCD) 431, 67 DLR 317
15. Rule-11: Memo of appeal and plaint is not exactly the same things, the memo of appeal rejected under the provision of Order 7 rule 11 of the code committed a serious error of law. | 1 XP(AD) 139
16. Rule-11: Limitation: The question of limitation is a mixed question of facts and law and needs to settle upon taking evidence, cannot be the subject matter of Order 7 rule-11 of the code. | 6 ALR(AD) 148, 2 XP(AD) 36, 1 ALR 25, 50 DLR(AD) 99, 67 DLR 208
17. Rule-11 with sec-151: Inherent power: In an appropriate case circumstance a court may applied has inherent power U/S-151 of the code to reject the plaint even the matter is not within principle of Order 7 rule-11. | 2 XP(AD) 194, 7 MLR(AD) 258, 26 DLR 111
18. Rule-11 with Limitation and Sec-11 of the C.P.C.: Whether the suit was barred by res-judicata and limitation the application of the Order 7 rule-11 of the code be kept pending for consideration at the final hearing of the suit on the view that without taking evidence it could not be decided but the plaintiff as being barred by law as well as a limitation, it is the duty of the court to dispose of the said application without keeping same pending for decision at the preemptory hearing of the suit. | 2 XP 189, 7 BLC 583, 21 BLC 433
19. Rule-3: The description of the suit land must be specified by boundary, without specification of the suit land is vague, unspecified and for this defect, a suit is liable to be dismissed. | 21 BLC(AD) 81, 4 XP 48
20. Rule-11: A plaint cannot be rejected under the following cause: i) No-production of documents by plaintiff ii) For the allegation of vagueness in the schedule iii) Res-judicata and limitation iv) Allegation of written statement and defense material as a document. | 5 XP 121
21. Rule-11: Amend the plaint after filing a petition for rejection of plaint: A plaint can be amended even after filling a petition Under this Rule. | 5 XP 121
22. Rule-11: Res-Judicata– After Framing Issue: A plaint cannot be rejected under this rule as a question of re-judicata which decided after framing issue at the time delivery of judgment. | 6 XP(AD) 113, 2 ALR(AD) 202, 5 ALR(AD) 68
23. Rule-11: Without Taking Evidence: A plaint cannot be rejected before trial court without taking evidence. | 6 XP(AD) 183, 65 DLR(AD) 300, 63 DLR 239, 67 DLR 259, 66 DLR(AD) 80, 66 DLR 658
24. Rule-11with sec-11 of C.P.C: When plaint can be rejected Under Res-judicata with Order 7 Rule 11: Whether a suit is barred by the principle of res-judicata is a mixed question of law and fact. Normally, the question of res-judicata cannot be decided without taking evidence. But when it is clearly found that over the self-same land between the same parties, a competent civil court had decreed the title and the possession of the defendant petitioner in the suit land and the said decision having been subsequently affirmed by the HCD, the present suit must be held to be barred by the principle of res-judicata and the plaint is liable to be rejected under this order. | 35 BLD(HCD) 321, 3 ALR 41
25. Rule-11: Cause of Action and barred by Law: When the plaint does not disclose any cause of action or otherwise it is barred under any law, the court may reject the plaint on the prayer of the defendant. While considering an application under this order, the court is not allowed to travel beyond the averments made in the plaint, and the defendants contentious claims cannot be considered at the stage. | 3 ALR 92, 9 BLC(AD) 244, 47 DLR 143, 4 BLD 236, 11 BLD(AD) 66, 7 DLR(WP) 65, AIR 1961(BOM) 292, 2 ALR 359, 37 DLR 178, 11 BLD(HCD 35, 38 DLR 438, 5 ALR(HCD) 370, 66 DLR 5
26. Rule-11: Res-judicata: Without Taking evidence: The Principle of res-judicata is a question of law and fact. But the evidence is necessary to establish the plea of res-judicata … … … … … . | *2 ALR(AD) 152, 2 ALR 99, 21 BLC 378, 5 LNJ 151, 20 BLD(AD) 82*
27. Rule-11: Defect of Parties: Defect of the party is no ground for rejecting the plaint as it can be cured any time by any way of amendment of the plaint. The question of Vicarious Liability is a question of fact. The power to reject a plaint should not be exercised hastily without affording the opportunity to the plaintiff to cure the defect or to amend the plaint. | 4 ALR(AD) 44, 66 DLR(AD) 80
28. Rule-11: The principles of the Order 7 R-11 are two folds:- (i) buried at its inception so that no further time consumed (ii) retrace his steps at earliest opportunity … … … he may file properly constituted suit. | 5 ALR(HCD) 58
29. Rule-11: With Sec-151 of C.P.C and Sec-42 of S.R. Act.: Very Nature of the claim that the decree has been obtained by practicing fraud upon the court without impleading the plaintiff presupposes the maintainability of the suit … . … .. there are disputed facts which cannot be adjudicated upon without recording evidence. – Suit remanded. | 7 ALR(AD) 28
30. Rule-11: In a pre-emption: This rule does not apply to application in Pre-emption cases. | 9 MLR(HCD) 380
31. Rule-11: In a Money Suit: In a money suit the plaintiff shows how he is affected and gives details of damage in the plaint. When not specifically stated the plaint suffers from a court of the cause of action regarding ground for rejecting of the plaint in limine, vexatious and frivolous suit must be nipped in the bud. | 7 MLR(HC) 132
32. Rule-11: Plaint may be rejected on the grounds mentioned in Order 7 rule-11 of the order and not on any extraneous consideration. | 9 MLR(AD) 369
33. Rule-11: Though the plaint may be rejected at any stage of the proceedings on any of the grounds mentioned this rule, the steps for rejection of plaint should be taken at the earliest opportunity. | 7 MLR(AD) 135
34. Rule-11: Before filing Written Statement: Rejection of plaint on the ground of maintainability of the suit is not permissible before filling of Written Statement. | 11 MLR(AD) 58, 11 MLR(AD) 405, 64 DLR 487
35. Rule-11: The plaint could be rejected when the court comes to the conclusion that even if all the averments made in the plaint are taken be true still then the plaintiff would not be entitled to any relief at all. | 50 DLR 29, 22 BLC 138
36. Rule-11: Barred by Law: The question of whether the plaint is liable to be rejected being barred by law must be apparent from the statement made in the plant itself and not from the Written Statement or any other material other than that has been put in the plaint. | 57 DLR(AD) 18, 11 BLD(HCD) 312, 35 DLR 217, 11 MLR(AD) 313
37. Rule-11: Vagueness in the Schedule: For alleged vagueness in the schedule, if any, the plaint is not liable to rejected. | 58 DLR(AD) 245
38. Rule-11: Delaying Procedure: Petition filed after 9 years of the institution at the time of the P.H.– the application was given just delaying procedure– reject the application is correct. | 63 DLR(AD) 138
39. Rule-11(c): Deficit Court Fees Without Knowledge: Plaintiff filed application U/S-151 of C.P.C. for vacating the order and restoring the suit its file on ground of misplacement of the file in the lower court and for his own indisposition. The trial court vacated the order of rejection of plaint and restored the suit to its file on payment of the cost to defendant… … … … . | 12 BLD(AD) 71
40. Rule-11: Question of Jurisdiction: Question of Jurisdiction does not come with the purview of Order 7 Rule-11 of the code…. … … … .. . | 12 BLD(AD) 247, PLD 1967(Dacca) 190, AIR 1947(Pat) 134, AIR 1933(Bom)179, 66 C.W.N 29, AIR 1943(Cal) 199(RP-202), AIR 1957(Mad) 201
41. Rule-11(a): Court’s duty in determining a cause of action. | 26 DLR 10
42. Rule-11(d): No Specification of Land in the Schedule: In the former suit the trial court as well as the court of appeal categorically observed that the schedule of the plaint does not disclose any specification of the land in which the plaintiff sought for declaration of title. In the unspecified land, no court can grant any relief to the plaintiff. | 21 BLC 433
43. Rule-11: With Sec-11 and Sec-151 of C.P.C.: Plea of res-judicata is a mixed question of law and facts, therefore, the rule is not applicable for rejection of the plaint. However, the court can reject a plaint in the exercise of inherent power U/S-151 if it is found that on the admitted facts that the plaint is otherwise barred by law. It can exercise its power to resolve a claim in order to prevent the abuse of the process of the court or to fill up the lacuna left by the legislator or where the legislation is unable to foresee any circumstances which may arise in a particular case. | 21 BLC(AD) 218
44. Rule-11(d): With Sec-21(a)(b) of S.R. Act: The balance of consideration money is required to be deposited at time of filling of the suit and there is no scope for plaintiff to make deposit of balance consideration money the statutory period of limitation… …. … .. . | 36 BLD(HCD) 364
45. Rule-11: With Sec-115(2) of C.P.C and With Sec-54 of S.R. Act: The plaintiff’s tenancy agreement expired, they have no locus standi and cause of action to bring a suit for Permanent Injunction. | 35 BLD(HCD) 328, 23 BLT(HCD) 386
46. Rule-11: Rightless Person: A right-less person cannot come to court with the plaint for disturbing another person in possession of suit land, even if he has no title. | 23 BLT(HCD) 552
47. Rule-11(d): When the decree effective and alive – plaint rejected. | 23 BLT(HCD) 37
48. Rule-11(d): Whether the plaintiff’s suit is maintainable even it is found that the relationship between plaintiff and defendant Bank is that of master and servant. | 23 BLT(HCD) 156
49. Rule-11(d): There is nothing on record to show that on the admitted facts as appearing from the plaintiff itself the suit is primafacie barred. The plaint cannot be rejected on that score. | 70 DLR 459

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