Civil Procedure Code: Return and Rejection of Plaint

Posted on Nov 18, 2025 in Law & Jurisprudence

Return of Plaint (Order 7 Rule 10 CPC)

Introduction

It is a general principle of law that courts cannot entertain a suit unless they have jurisdiction to do so. When a suit is instituted in a court that determines it lacks jurisdiction to entertain the matter, the plaint must be returned to the plaintiff under Order 7 Rule 10 CPC for presentation to the proper court.

Meaning of Plaint

Plaint is not defined by the Code, so it must be taken in an ordinary sense:

“It is a written memorial tendered to a court in which the plaintiff sets forth the cause of action and seeks judgment and relief from the Court.”

Relevant Provisions

The following are the relevant provisions regarding the topic of return of plaint:

• Order 7 Rule 10 C.P.C.
• Cross Reference: Sections 6 to 25 of the Code of Civil Procedure
• Section 11 of the Suit Valuation Act, 1887.

Grounds for Return of Plaint

A court shall return a plaint on the following grounds:

1. Court Lacks Jurisdiction

   The term jurisdiction refers to the legal authority to administer justice in accordance with the means provided by law and subject to the limitations imposed by law. When the court has no jurisdiction, the plaint should be returned.

2. Objection to Jurisdiction

   If a party has any objection as to the jurisdiction of the court, it should be raised as early as possible. Any objection to jurisdiction should be dealt with under Rule 19 of Order 7.

3. Subsequently Acquired Jurisdiction

   If, at the time of institution of the suit, the court had no jurisdiction but subsequently acquires jurisdiction, then the suit will be deemed to have been properly instituted from the date the court obtains jurisdiction.

4. Part of Plaint Within, Part Outside Jurisdiction

   When a plaint consists of two parts, one of which is within the jurisdiction of the court and the other is outside the jurisdiction of the court, two views prevail:

   • View 1: The court should return the part of the plaint outside its jurisdiction and continue with the part within its jurisdiction.
   • View 2: The court should not return the plaint but strike out, under Order 6 Rule 16 of CPC, that portion of the plaint which is not within its jurisdiction.

5. Determination of Jurisdiction

   In order to determine whether the court has jurisdiction, the suit as originally framed and instituted must be looked into.

Scope of Order 7 Rule 10

Order 7 Rule 10 of CPC is applicable only when the suit is pending before the court. The provisions of Rule 10 are mandatory in nature.

Time for Returning Plaint

The plaint may be returned at any stage of the suit, and even in appeal or revision.

Procedure on Returning Plaint

On returning the plaint, the judge shall endorse the following on the plaint:

1. Date of presentation and return of plaint.
2. Name of the party presenting it.
3. Brief statement of reasons for returning it.

Plaintiff’s Options After Plaint Return

On return of the plaint, the plaintiff has the following options:

1. The plaintiff may file a new suit, or
2. The plaintiff may amend the same plaint and present it in the proper court.

Applicability

Order 7 Rule 10 of CPC is applicable only to suits and not to applications.

Limitation Period

For the purpose of limitation, the date of institution of the suit is the date when the plaint is represented to the court having jurisdiction.

Appealability of the Order

An order returning a plaint is appealable, but a second appeal is barred.

Conclusion on Plaint Return

By the above discussion, it can be said that the jurisdiction of the court is necessary to obtain adjudication. A decision of a court without jurisdiction is a nullity in the eye of law and not binding on anyone, though this is subject to the exceptions under Section 21 CPC and Section 11 of the Suit Valuation Act, 1887. Jurisdiction of the court is initially determined by the recitals in the plaint, and where a civil court does not have jurisdiction, it shall return the plaint under Order 7 Rule 10 CPC.

Rejection of Plaint (Order 7 Rule 11 CPC)

Introduction to Rejection

It is the primary duty of the court, before which a suit is instituted, to properly examine the plaint to determine whether it should be returned or rejected. To determine the question of rejection, the court may also take other materials into consideration. Order 7 Rule 11 of CPC narrates the cases where a plaint should be rejected.

Relevant Provisions

The following are the relevant provisions:

• Order 7 Rule 11 of CPC
• Cross References:
  1. Section 148, 149 of CPC
  2. Order 41 Rule 3 of CPC
  3. Section 4, 6, 12, 28 of the Court Fees Act, 1870
  4. Section 11 of the Suit Valuation Act, 1887

Grounds for Rejection (Order 7 Rule 11 Text)

The text of Order 7 Rule 11 of CPC states that a plaint shall be rejected:

1. Where it does not disclose a cause of action.
2. 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.
3. 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.
4. Where the suit appears from the statement in the plaint to be barred by any law.

Modes of Rejection

A plaint may be rejected either by:

1. An application of the defendant
2. Suo motu by the court if it is liable to be rejected under Order 7 Rule 11.

Detailed Grounds for Rejection

The following are the grounds for rejecting a plaint under Order 7 Rule 11 of CPC:

1. Plaint Not Disclosing Cause of Action

   It is the duty of the plaintiff to describe the cause of action in the plaint, specifying when and where the cause of action arose. The court readily exercises the power to reject a plaint if it does not disclose any cause of action.

2. Claimed Relief is Undervalued

   If the court is of the opinion that the plaintiff’s valuation of the suit is fictitious, it can require the plaintiff to make a correct valuation. The court shall allow time for correction and can reject the plaint upon the plaintiff’s failure to do so.

3. Plaint is Insufficiently Stamped

   Every suit is instituted by filing a plaint. One of the requirements for the proper institution of the suit is that the plaint must be properly stamped for the purposes of court fees under the Court Fees Act, 1870. If the plaint is insufficiently stamped, the court may reject the plaint under Order 7 Rule 11 of CPC, giving sufficient time to rectify the failure.

Conclusion on Plaint Rejection

I conclude that for the purpose of determining whether a plaint discloses a cause of action or not, the court has to presume that every averment made in the plaint is true. The power to reject a plaint under Order 7 Rule 11 must be exercised only if the court comes to the conclusion that even if all the allegations made in the plaint are proved, the plaintiff would not be entitled to any relief whatsoever.

Essential Contents of a Plaint

Pleadings and the Plaint

Pleading refers to the plaint and the written statement. In the plaint, the plaintiff must allege facts regarding the cause of action. The plaint consists of specific mandatory contents.

Definition of Plaint

A plaint is the written statement of the plaintiff’s claim. Through the plaint, the plaintiff describes the cause of action and other necessary particulars to seek remedy from the court for the redressal of grievances.

Mandatory Contents of a Plaint

The following are the necessary contents of a plaint:

1. The name of the court in which the suit is brought.
2. The name, description, and residence of the plaintiff.
3. The name, description, and residence of the defendant.
4. When the plaintiff or defendant is a minor or a person of unsound mind, a statement to that effect.
5. Those facts which constitute the cause of action, including when the cause of action arose.
6. Those facts which show that the court has jurisdiction.
7. The relief which the plaintiff claims.
8. When the plaintiff has allowed a set-off or has relinquished a portion of the claim, the amount which has been so allowed or relinquished.
9. A statement of the value of the subject-matter of the suit, not only for the purpose of jurisdiction but also for the purpose of court-fees.
10. The plaintiff’s verification on oath.

Final Conclusion