Rejection of Plaint (A Fundamental Element in Disposal of Suit) | Notices - Cause of Action - Jurisdiction - Valuation - Limitation - Bar - Relief | Inherent Powers of Civil Courts Vis-a`-Vis Provisions of Order VII Rule 11 of the Code of Civil Procedure, 1908 | Latest

Rejection of Plaint

(A Fundamental Element in Disposal of Suit) 

Notices - Cause of Action - Jurisdiction - Valuation - Limitation - Bar - Relief 

Inherent Powers of Civil Courts Vis-a`-Vis Provisions of Order VII Rule 11 of the Code of Civil Procedure, 1908

A "plaint" can be defined as a statement made by a party before the Court arraying the opposite party against whom the relief is claimed; alleging and setting the set of facts and the wrong done by the opposite party, which thus caused injury, giving rise to cause of action to such person to agitate the claim!  - Yogesh V Nayyar

Every litigation; involves a cause for initiation. The cause thus; giving rise to rights to agitate for a relief against the defendant. However, the integral part while institution of a suit and carved thus in a plaint is to follow the provisions laid under the Code of Civil Procedure, 1908 viz.

"Cause of Action", "Parties to Suit", "Valuation", "Specific Pleadings", "Jurisdiction", "Specific Bar of Law/Statute", "Bar of Limitation", "Relief claimed", & "Prayer".
What is a cause of action is now settled beyond any doubt. The classic definition of that expression is that of Lord Justice Brett in Jay Cook v.Henry S.Gill reported in (1873) LR 8 CP 107 as under:

"Cause of action' has been held from the earliest time to mean every fact which is material to be proved to entitle the plaintiff to succeed, __ every fact which the defendant would have a right to traverse".

Lord Justice Fry put it in the negative by saying,

"Everything which, if not proved, gives the defendant an immediate right to judgment, must be part of the cause of action".

This definition is the basis of all subsequent decisions containing an interpretation of the expression 'cause of action'.

"The cause of action has no relation whatever to the defence that may be set up by the defendant nor does it depend upon the character of the relief prayed for by the plaintiff. It refers ... to the media upon which the plaintiff asks the Court to arrive at a conclusion in his favour." (Deep Narain Singh v.Minnie Dietert and anr., & Mohammad Khalil Khan and others v.Mahbub Ali Mian and others)

The book enshrines & covers the subject related to "cause of action", "parties to suit", "valuation", "specific pleadings", "jurisdiction", "specific bar of law/statute", "relief claimed", & "prayer", which if illusory or not specific could result in Rejection of Plaint.

The book elucidates & encompasses the case laws on Suit, Jurisdiction, Requirement of Notice, & views expressed by the Hon'ble Supreme Court of India & High Courts on Rejection of Plaint under various statutes.

This book contains:-

Chapter:

• Code of Civil Procedure, 1908 in General
• Understanding a Suit
• Jurisdiction & Place of Suing
• Civil Rights - Statutes & Jurisdiction of Civil Courts
• Statutory Notice & Necessity for Institution of Suits
• Exclusion of Jurisdiction of Civil Courts
• An over view to order VII, Rule 11, CPC
• Cause of Action - A Ground for Rejection of Plaint
• Plaint & Valuation of Suit - Rejection
• Rejection of Plaint - Limitation Period - A Ground
• Rejection of Plaint & Relief
• Impleadment of Third Parties Vis-A-Vis Doctrine of Dominus Litis
• Inherent Powers of Civil Courts Vis-A-Vis Provisions of order VII, Rule 11 of The Code of Civil Procedure