The Supreme Court in the case Gurdev Singh vs Harvinder Singh observed that a plaint cannot be rejected under Order VII Rule 11 of the Civil Procedure Code, 1908 merely on the ground that ‘the plaintiff is not being entitled to any relief in the suit’.
In the present case, a suit was filed by the plaintiff for permanent injunction against the defendant. An application was filled by the defendant under Order VII Rule 11 CPC, wherein seeking rejection of the plaint and the same was dismissed by the Trial Court holding that reading of the plaint prima facie disclosed cause of action to the plaintiff.
Before the High Court, in a petition challenging the said order, the defendant contended that simpliciter suit of permanent injunction is not maintainable as no declaration has been sought by the plaintiff. Accordingly, the High Court dismissed the said petition.
It has been noted by the Apex Court bench t that the case on behalf of the petitioner-defendant is that the plaintiff is not entitled to any relief in the suit, the bench while considering the Special Leave Petition.
The bench comprising of Justice MR Shah and Justice MM Sundresh observed and has noted that the aforesaid cannot be a ground to reject the plaint at the threshold in exercise of powers under Order 7, Rule 11 of the Civil Procedure Code, 1908. The application has rightly been rejected by the learned Trial court under Order 7, Rule 11 of the CPC, which is rightly not interfered with by the High Court. The bench are in complete agreement with the view taken by the High Court. However, the bench dismissed the Special Leave Petition.
Explainer : When Can Plaint Be Rejected? What Is Order 7 Rule 11 CPC?
The bench stated that the Civil Procedure Code provides for the remedy of rejection of plaint under Order VII Rule 11, on certain specifically stated grounds:
(a) where the cause of action is not disclosed;
(b) where the relief which is claimed is undervalued, and the plaintiff, on being required by the court for correcting the valuation within a time to be fixed by the court, fails to do so;
(c) where the relief which is not claimed is properly valued, but the plaint is written upon paper insufficiently stamped, and the plaintiff, which on being required by the court to supply the requisite stamp paper within a time period to be fixed by the Court, fails to do so;
(d) Where the suit filled appears from the statement in the plaint to be barred by any law;
(e) Where it is not being filed in duplicate;
(f) Where it is failed by the plaintiff to comply with the provision of Rule 9.
