Order 7 – Plaint (return/rejection of plaint)
1. Essentials of a Plaint & The Defendant (Rules 1 & 22)
- What a Plaint Does: It is the written statement of the plaintiff's claim used to institute a civil suit.
- Serving a Missing Party (Rule 22): If a party is not found at their given address and no agent or family member is present, a copy of the process is affixed to the outer door. The law specifies that this service can be made on any adult male member of the family.
2. Return of Plaint (Rule 10)
- The Ground: A plaint is returned at any stage of the suit if the court lacks jurisdiction. This includes pecuniary, territorial, or subject-matter jurisdiction.
- The Action: The court will return the plaint so that it can be instituted in the proper court.
- The Endorsement: When returning it, the Judge must record the date of presentation and return, the name of the parties, and brief reasons for doing so (All of these).
- Effect (Rule 13): The return of a plaint is not a bar to filing a fresh suit.
3. Rejection of Plaint (Rules 11, 12, & 13)
- The Grounds: Under Rule 11, there are exactly six specific grounds on which a court shall reject a plaint:
- 1. Where it does not disclose a cause of action.
- 2. Where the relief claimed is undervalued and the plaintiff fails to correct it.
- 3. Where the plaint is insufficiently stamped and the plaintiff fails to fix it.
- 4. Where the suit is barred by any law.
- 5. Where it is not filed in duplicate.
- 6. Where the plaintiff fails to file copies for the defendant.
- Legal Status of Rejection: An order rejecting a plaint is a deemed decree (treated as a decree for appeals).
- The Record (Rule 12): Where a plaint is rejected, the Judge must record an order to that effect with the reasons for such rejection.
4. The Written Statement & Set-Off (Order 8 Context)
- Who Files It: A written statement and a claim for a set-off can only be filed by the defendant in a civil suit.
- Time Limit: The maximum time period allowed for filing a written statement is 30 days.