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HSC English First Paper English For Today - Unit 7 Lesson 1 Brojen Das

Return of Plaint and Rejection of Plaint in Civil Suit

Return of Plaint and Rejection of Plaint in Civil Suit

Question: In which cases a civil suit is rejectable? Discuss with the relevant provisions.

Answer:

According to rule 11 of order 7, court shall reject the plaint on the following 4 grounds:

(a) Where it does not state a cause of action.

(b) Where the relief claimed is not valued properly, and the plaintiff, on being required by the Court to correct the valuation within a time to be fixed by the Court, does not do so.

(c) Where the relief claimed is valued properly but the plaint is written upon paper that is not sufficiently 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, does not do so.

(d) Where the suit appears from the statement given in the plaint to be barred by any law.

If the provision of rule - 9(1A) is breached, court also may reject the plaint. According to this rule, the copy of summons and plaint should be served to each of the defendants and the service fee is to be paid. But, if service charge is not paid within a fixed period, the plaint shall be rejected. Rule 9(1A) has been substituted by the Kolkata High Court in 1928. Although rule 9(1A) has not been added in the Code of Civil Procedure of Bangladesh, it must be followed. Because, the Appellate Division has declared that the amendments made by the Kolkata High Court before 1947 are the parts of Bangladeshi law. Court may reject the plaint under section 151 for ends of justice.

Question: If any order is given on the application for rejection of the plaint, what is the relief of the aggrieved party? Explain mentioning the relevant law in favour of your answer.

Answer:

The relief of the plaintiff against the order of rejection of plaint:

The plaintiff has the following relief:

1. To file a new suit:

If any plaint is rejected under rule 11 of order 7, a new suit may be filed under rule 13 of order 7. However, no new suit shall lie, if the suit is barred by limitation.

2. Appeal:

According to section 2(2) of the Code of Civil Procedure, the order of rejection of a plaint is a decree. The court of original jurisdiction rejects the plaint. Therefore, appeal can be made against the order of rejection of plaint. According to section 96(1) appeal can be made against the decree of any court having original jurisdiction.

3. Revision:

If the plaint is rejected u/s. 151 for the ends of justice, revision shall lie against that decision. Because no appeal lies against section 151.

Question: A files a suit for declaration of title and recovery of possession against B, before the Assistant Judge -1, Chittagong. B files an application for rejection of plaint, mentioning that the suit is barred by limitation. What is your decision on that application?

Answer:

Description of facts:

Here, A files a suit for declaration and recovery of possession against B, to the Court of Assistant Judge -1, Chittagong. B files an application for rejection of plaint mentioning that the plaint is barred by limitation.

Issue:

1. Whether the plaint is rejectionable?

2. Can a decision be taken on that application?

Reasoning:

According to rule 11 of Order 7, court may reject the plaint on four grounds. One of those grounds are, the plant shall be rejected where it is barred by any law. In the given problem, A files a suit for declaration of title and recovery of possession against B after the limitation has expired, which is liable to be rejected. Therefore, court may decide to reject the plaint according to rule 11(d) of order 7. Moreover, the court may dismiss the suit under section 3 of the Limitation Act.

Question-3: (a) The pleadings should contain facts and not law or evidence- explain the statement in the light of order 6 of the Code of Civil Procedure, mentioning the characteristics of an ideal pleading. 

Answer:

Pleading shall not contain evidence but shall express relevant information:

Rule 2 of order 6 provides, every pleading shall contain a statement in a concise form of material facts on which the party pleading relies for his claim or defence, but not the evidence by which they are to be proved.

✓Pleadings shall contain only the material facts

✓Pleadings shall contain no evidence

✓The dates, sums and numbers shall be expressed in figures

Pleadings shall contain only material information base upon which the plaintiff and defendant relies on their claim and the court can provide right decision. Pleadings shall only contain the description of facts and not the evidence. Therefore, the evidence by which the facts are to be proved should not be mentioned in the pleadings.

Question: What are the difference between  return of a plaint and rejection of a plaint.

Difference between return of plaint and rejection of plaint:

1. As to provisions:

Rule No. 10 of Order No. 7 of the Civil Procedure Code of 1908 deals with return of plaint. and Rule No. 11 of the same Order relating to the rejection of plaint.

2. As to Re-submission:

If any court returns the plaint, the said plaint cannot be re-submitted in that court. It has to be filed in another competent court. On the other hand, if the court rejects a plaint, the plaintiff can re-submit it to the court on the same complaint subject to limitation.

3. Decision.

The decision to return the plaint is an order. In contrast, the decision to reject the plaint is a decree.

4. Procedure of return:

In returning a plaint, the court shall give a summary statement as to the date of filing and returning of the plaint, the name of the submitting party, and the reason why the plaint has been returned. On the other hand, in rejecting a plaint, the court shall give a written order as to the reason of rejecting the plaint.

5. Reason:

If the plaint is filed in the wrong court due to territorial jurisdiction or financial jurisdiction, the court may order return of the plaint. On the other hand, where the reason for the case is not mentioned in the plaint, if the value of the subject-matter is not properly mentioned, if the plaint is written on a stamped paper of lesser value than required, the case is prohibited or barred by law, for all these reasons the court can issue an order rejecting the plaint of the case.

6. Relief:

Under Rule 1 of Order 43 an appeal can be lodged against the order of return of Plaint. The decision to reject the plaint can also be appealed under Section 96 of the Civil Procedure Code.

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