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Applicability Of Order VII Rules 10 And 11 Of Cpc

In the complex world of civil litigation under the Indian legal order, the CPC is the fundamental set of rules and procedures for the settlement of civil cases. Among the many provisions of the CPC, Order No 7 plays a crucial role in the conduct of civil suits brought before the courts of India.

This order sets out the fundamental requirements for a plaint or written statement, thus providing a thorough comprehension of the facts of the case and ensuring a fair trial. In addition, Rules No 10 and No 11 of Order No 7, which form an integral part of the procedural structure of the CPC, provide essential guidelines and guarantees for the conduct of the litigation.

Rule 10 of Order 7 - Particulars of the Plaint

Order 7(10) of CPC addresses the fundamental question of detailed information in the plaint. Article 10 requires the plaintiff to provide specific information about facts and circumstances that give rise to a cause of action, which serves the essential purpose of allowing the defendant to understand the case against him in detail, thereby ensuring the fairness and transparency of the proceedings. Article 10 protects the plaintiff from vague or unsubstantiated claims by requiring the plaintiff to provide sufficient information to support its case.

Rule 10 of Order 7 - Specialty in breach of contract suits

By contrast, Rule 11 takes on special importance in cases of breach of contract. In such suits, Rule 11 requires the plaintiff to provide specific information about the terms of the contract (including any special terms that may be applicable to the dispute). The purpose of this requirement is to make it easier for the parties to understand the relationship between the contract and the breach of contract. By requiring such information, Rule 11 guarantees that contract disputes are resolved with accuracy, thereby reducing the room for confusion or misinterpretation.

What is a Plaint?

Plaintiff is a legal term that is not defined in the Code of Civil Procedure. It can be defined as the statement of claim by which the suit is filed. It is a pleading by the plaintiff. It is a legal document that contains the plaintiff's written statement of claim. This is the first step in bringing a suit. With the help of a plaint, the plaintiff explains the cause of action, as well as the relevant information that is considered essential from the suit's perspective.

Parties to the suit

In every suit, there must be two parties: the plaintiff (the plaintiff) and the defendant (the defendant). There can be more than one plaintiff or more than one defendant in a suit, but only one or more plaintiffs must be parties in order for the suit to be heard by the court. Each particular of the plaintiffs and defendants, which will serve as a basis for classifying the suit, must be identified in the plaint.

Non Joinder and Mis Joinder of the Parties

Non-joinder: If a party who is a party to a suit is not joined as a party, it is a non-joinder case. A suit shouldn't be dismissed on the grounds that a party isn't joined as a party.
Mis-joinder of parties refers to a party who shouldn't have been joined as a plaintiff or a defendant. It refers to joining an unnecessary party.

ORDER 1 RULE 13: Objections as to Non-joinder or Mis-joinder

All objections on the basis of nonjoinder, or misjoinder, of parties shall be filed as soon as possible, and in all cases where matters are resolved, at or prior to such settlement, unless, subsequently, the cause of the objection has arisen, and any objections not so filed shall be deemed to be withdrawn.

What is Order VII of the CPC Act, 1908
Order VII lays down rules relating to Plaint. Rules 1 to 8 of Order VII deals with particulars required in a plaint.

Ingredients required in a plaint:

  • Rule 2: Money suits
  • Rule 3: Where the subject-matter of the suit is immovable property
  • Rule 4: When plaintiff sues as representative
  • Rule 5: Defendants' interest and liability to be shown
  • Rule 6: Grounds of exemption from limitation law
  • Rule 7: Relief to be specifically stated
  • Rule 8: Relief founded on separate grounds.
  • Rule 10 and Rule 11 consists of Return of the plaint and rejection of the Plaint.

Order 7 and Rule 10 of the CPC Act, 1908 � Return of the Plaint

CPC states that the plaint must be returned to the court where the suit should have been filed at any stage. Once the court has heard and determined a dispute based on the monetary worth of the matter, it does not have jurisdiction to dismiss the suit but must return the suit to the appropriate court. The returned suit will begin anew when it is filed in the appropriate court. A newly filed suit in the appropriate court is not a continuation of the suit filed in the incorrect court.

The difference between a Return of a Plaint and a Rejection of a Plaint is that the return of a Plaint does not mean that the plaint was wrong or that the Rules for drafting the Plaint were not adhered to. Rather, the court is denied the right to try the case for which the Plaint is filed.

According to order VII, Rule 10: subject to the provisions of Rule 10A, the plaint shall at any stage of the suit be returned to be presented to the Court in which the suit should have been instituted.

The grounds on which the court will resent the plaint are as follows: (a) the court does not have jurisdiction; and (b) there is a well-founded claim that the court does have jurisdiction.

The court can lack jurisdiction on three occasions:

  1. Territorial jurisdiction: refers to the fact that an offence committed in India is subject to investigation and trial in a local court.
  2. Peculiar jurisdiction: refers to the jurisdiction of a court based on the valuation of the suit's subject matter.
  3. Subject matter jurisdiction: refers to a court's jurisdiction to hear and rule on a case relating to a particular subject matter.
For instance, let A file a complaint against his employer in the Ahmedabad City Civil Court for wrongful dismissal of him from his job. Since the labour courts have their own jurisdiction to deal with such cases, the Court of Civil Justice of Ahmedabad does not have jurisdiction to hear this case. As a result, the court may return the plaint on the ground of lack of jurisdiction. However, the plaintiff has the right to file a fresh complaint in the relevant court.

In Kallu v Phudan (AIR 1946 1946 All 488), the Court held that a suit brought before a revenue court cannot be trialled by that court. Therefore, the court should return the plaint to the competent court.

Order VII Rule 10 (2) - Procedure on Returning a Plaint

The process for returning the plaint is dependent on two factors:
  1. If the court determines that it has no jurisdiction to hear the case and the defendant has appeared in court after which the court determines that the court must return the plaint for lack of jurisdiction
  2. In the present case, the order requires the court to confirm the following information on the plaint:
    • The date on which the plaintiff originally filed the complaint,
    • The date on which the court is returning the complaint,
    • The cause title, which is the information about the party that submitted the complaint and,
    • The reasons why the court returned the complaint.
In the case of Moneys Transports vs. Tanjore (AIR 1979 Mad 196) Sub-rule 2 is mandatory and the Court held that without the endorsement required under this sub-rule the plaint could not be returned and could not be presented to the competent court. Thus, the proceedings for return of the plaint only came to an end when an endorsement on the plaint was actually made. Only then can the plaint be considered as ready for return for presentation to the competent Court.

Order VI Rule 10 A

The court has the power to set a date for the appearance of the accused in the court in which the plaint is filed after the return of the accused. The court has to give notice of the decision to the plaintiff before the return of the plaint after appearance of the defendant. If the court gives an intimation, the plaintiff has the right to file a petition before the court. If a petition is filed, the court has to return the file regardless of whether it has jurisdiction or not. If notice of appearance has been served on the plaintiff, he or she is not allowed to appeal against it.

For example, in the case of Vicco laboratories Bombay v. Hindustan rimmer, if the court has no jurisdiction, it has to inform the plaintiff that it has decided to return the file after appearance of the accused. If the plaintiff adheres to the procedure, then the court has to set the date for appearance and inform the parties.

Order VI Rule 10 B � Power of Appellant Court to Transfer the Suit to the Proper Court

This rule is added to order VII to allow the court hearing the appeal to order that instead of the return of the plaint, the suit be moved to the court where it was supposed to be filed. The provisions for annulment of the requirement to serve the summons to the defendants where the order to return the plaint was issued after the defendants appeared in the suit.

Order VII Rule 11 Of CPC - Rejection of Plaint

The CPC's order 7, Rule 11, also known as the 'law on refusal of plaints', is a rule that seeks to determine whether the suit brought forward by the plaintiffs is maintainable.

To put it another way, the court must first determine whether there is a cause of action and whether the relief sought in the plaint � that is, the petition brought before the court � can or cannot be granted.

In other words, the court must determine whether the suit is maintainable before it even hears the case on merit.

The court must first determine whether a merit case exists and whether the reliefs requested in the petition are eligible. The purpose of Order 7 Rule 11 is to dismiss a frivolous, voluminous, or improper complaint in order to save time and money. The purpose of order VII Rule 11 is to evaluate the application and determine an acceptable plaint.

The Plaint shall be rejected in the following cases shown in Rule 11 (a to f)

Insufficiently stamped plaint, suit appears barred by law, not filed in duplicate, and plaintiff fails to comply with rule 9 provisions. Insufficient relief sought, suit appears barred, and plaintiff fails to state cause of action.

In conclusion, Order 7, along with Rules 10 and 11, of the Civil Procedure Code (CPC), play an essential role in civil litigation in India. They provide a framework for the formulation of clear and complete plaints and written declarations, which contribute to the fairness and effectiveness of the court system. These provisions highlight the need for transparency, specificity and accuracy in the presentation and response to civil claims, which ultimately serve the interests of justice within the Indian legal system.

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