Untitled 3
Return of plantif
1. 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 one court and if opinion of court is that it has no jurisdiction to entertain the suit, the plaint should be returned to the plaintiff under order 7 Rule 10 CPC, for presentation to the proper court.
2. Meaning of Plaint
Plaint is not defined by the code, so it has to 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”.
3. Relevant Provisions
Following are the relevant provisions regarding the topic of return of plaint
Order 7 Rule 10 C.P.C
Cross Reference
Section 6 to 25 of Code of Civil Procedure
Section 11 of suit valuation Act 1887.
4. Grounds for return of Plaint
Court shall return a plaint on the following ground
i. Court has no jurisdiction
The term jurisdiction refers to the legal authority, to administer justice in accordance with the means provided by law and subject to the limitation imposed by law. When the court has no jurisdiction, plaint should be returned.
ii. Objection to jurisdiction
If party has any objection as to jurisdiction of the court, it should be raised as early as possible and any objection to jurisdiction should be dealt with under rule 19 of order 7.
iii. Subsequently acquired jurisdiction
If at the time of institution of suit, Court has no jurisdiction but subsequently acquires jurisdiction, then the suit will be deemed to have been properly instituted from the date, the court gets jurisdiction.
iv. One part of plaint is within and other part outside the jurisdiction of Court
When 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, and then is such case two views prevailed. According to one view the court should return the plaint outside its jurisdiction and continue with the part within its jurisdiction.
Another view is that 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.
v. Determination of jurisdiction
In order to determine, whether the court has jurisdiction, the suit as originally framed and instituted, has to be looked into.
5. Scope
Order 7 Rule 10 of CPC will be applicable only, when the suit is pending before the court. Provisions of Rule 10 are mandatory in nature.
6. Time for returning of Plaint
The plaint may be returned at any stage of the suit and even in appeal or revision.
7. Procedure on Returning Plaint
On returning plaint the judge shall endorse following on the plaint
i.Date of presentation and return of plaint
ii.Name of the party presenting it.
iii.Brief statement of reasons for returning it.
8. Two courses to plaintiff on return of plaint
On return of plaint, plaintiff has the following options
i.He may file a new suit or
ii.He may amend the same plaint and present it in the court
9. Applicability of Order 7 Rule 10
Order 7 Rule 10 of CPC is applicable only to suits and not to the application.
10. Limitation
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.
11. Appeal
An order of returning a plaint is appealable, hut second appeal is barred.
13. Conclusion
By the above discussion, it can be said, that jurisdiction of court is necessary, to obtain adjudication, and decision of court without jurisdiction, is a nullity in the eye of law, and not binding of anyone, though this is subject to the exceptions u/s 21 CPC and u/s 11 of suit valuation Act 1887. Jurisdiction, of the court is initially determined by the recitals in the plaint and where civil court does not have jurisdiction it shall return the plaint under order 7 Rule 10 CPC.
Reject of plantif
1. Introduction
It is a first duty of court, before which a suit is instituted to properly examine the plaint, for the purpose of determining, whether it should be returned, or rejected and in order to determine, the question of rejection it is the responsibility the court to take consideration other materials too, order 7 Rule 11 of CPC narrate cases where plaint should be rejected.
2. Relevant Provisions
Following are the relevant Provisions
i) Order 7 Rule 11 of CPC
(ii) Cross Reference ; (a) Section 148, 149 of CPC , (b) Order 41 Rule 3 of CPC, (c) Section 4, 6, 12, 28 of Court fees act 1870 , (d) Section 11 of suit valuation act 1877
3. Rejection of Plaint under Order 7 Rule 11
Text of order 7 Rule 11 of CPC
(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 require 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
4. Modes of Rejecting Plaint
A plaint may be rejected either by
(i) An application of the defendant
(ii) Suo motu by the court if it is liable to be rejected under order 7 Rule 11.
5. Grounds of Rejecting Plaint
Following are the grounds of rejecting plaint under order 7 Rule 11 of CPC
(i) Plaint not disclosing cause of action
It is a duty of plaintiff that he must be described the cause of actions in his plaint. He must be written of plaint, when arises cause of action and where arises cause of actions. The court readily exercise the power to reject a plaint if it does not the disclose any cause of action.
(ii) Claimed relief is under valued
If the court is of opinion that the plaintiff valuation of suit is fictitious, it can require him to make a correct valuation, and shall allow time for correction and can reject a plaint on his failure to do so.
(iii) Plaint is insufficiently stamped
Every suit is instituted by filing of the plaint one of the requirements for the proper institution of the suit is that the plaint must be properly stamped for the purposes of the court fees under the court Fee Act, 1870. If the plaint is insufficient stamp, the court reject the plaint under order 7 rule 11 of CPC and give a sufficient time to solve the cause of failures.
Conclusion
I say, I include that for purpose of determination whether plaint discloses a cause of action or not, court has to presence that every-averment made in the plaint is true, power to reject a plaint under order 7 Rule 11 must be exercised only if the court comes to conclusion that even if all the allegations made in the plaint are proved, plaintiff would not be entitled to any relief what so ever
Introduction
Pleading refers to plaint and written statement. In plaint, plaintiff should allege facts about his cause of action. In fact, plaint consists of some contents, and it is mandatory that such contents should be present in plaint.
What is Plaint
Plaint is written statement of plaintiff’s claim. Through plaint, plaintiff describes his cause of action and other necessary particulars to seek remedy from court for redressed of his grievances.
Necessary Contents of Plaint
Followings are the necessary contents of plaint;
(i) Plaint should contain name of that court in which suit is brought.
ii) Plaint should contain name, description and residence of plaintiff.
(iii) Plaint should contain name, description and residence of defendant.
(iv) When plaintiff or defendant is minor or person of unsound mind, plaint should contain a statement to that effect.
(v) Plaint should contain those facts, which have constituted cause of action. In addition to this, it should also be described in plaint when cause of action has arisen.
(vi) Plaint should contain those facts, which show the court has jurisdiction.
(vii) Plaint should contain that relief, which plaintiff claims.
(viii) When plaintiff has allowed set off or has relinquished a portion of his claim, plaint should contain that amount, which has been so allowed or so relinquished.
(ix) Plaint should contain statement of value of subject-matter of suit not only for purpose of jurisdiction, but also for purpose of court-fees.
(x) Plaint should contain plaintiff’s verification on oath.
Conclusion
To conclude, it can be stated that plaint plays important role throughout whole trial of any civil suit. It is admitted principle that no plaintiff can go beyond his plaint. Therefore, no plaintiff can demand what is not claimed in his plaint. Similarly no plaintiff can produce any evidence, which is beyond his plaint.