Can plaint be rejected on the ground of limitation?
Asked by: scraper | Last update: September 8, 2026Score: 0/5 (0 votes)
Yes, a plaint can be rejected on the ground of limitation under Order 7, Rule 11(d) of the Code of Civil Procedure (CPC), provided the bar is clearly evident from the face of the plaint.
Can plaint be rejected on ground of limitation?
4.1 Plaint not to be rejected at the outset under Order 7, Rule 11 CPC as barred by limitation if the question of limitation appears to be a mixed question of law and fact: When limitation is a pure question of law and is visible from the pleadings itself, it becomes clear that the suit is barred by limitation.
On what grounds can a plaint be rejected?
Additional Grounds of Rejection of Plaint
If the plaint is not stamped properly. If the plaint is not filed in duplicate. If the necessary parties weren't included (non-joinder) in the suit or irrelevant parties (misjoinder) were included in the suit.
What are the grounds for rejection under Order 7 Rule 11?
⚖️ Order 7 Rule 11 — Rejection of Plaint Grounds for Rejection A plaint can be rejected if: No cause of action is disclosed. Relief claimed is undervalued and the plaintiff fails to correct it within the given time. Insufficient court fees are paid and not rectified in time.
Can res judicata be a ground for rejection of plaint?
The Supreme Court conclusively held that: A plea of res judicata cannot be a ground to reject a plaint under Order VII Rule 11 CPC. Such plea must be adjudicated only during trial, after complete consideration of the earlier proceedings.
Whether a plaint can be rejected on the ground of limitation ?
Which of the following is a sufficient ground for code to reject the plaint?
The absence of a cause of action is a legitimate reason to reject the plaint; but, for the court to act on this basis, it must be convinced that the plaintiff would not be entitled to any relief even if all the facts stated in the plaint were accurate.
What is the 41 rule 27 of the CPC?
Production of Additional Evidence in Appellate Court. (b) the Appellate Court requires any document to be produced or any witness to be examined to enable it to pronounce judgment, or for any other substantial cause, the Appellate Court may allow such evidence or document to be produced, or witness to be examined.
What are common grounds for plaint rejection?
Under Order VII Rule 11 of the Code of Civil Procedure, 1908, a court can reject a plaint at the threshold if it suffers from fundamental defects such as absence of a cause of action, undervaluation, insufficient court fees, or if the suit is barred by law.
What are the judgments on rejection of plaint?
The Supreme Court observed that an application for rejection of the plaint under Order VII Rule 11 CPC shall be decided based on the averments made in the plaint, and does not consider the defendant's defence or any external evidence.
What is the difference between return and rejection of plaint?
Rejection of plaint is a substantive act where the court finds that the plaint itself suffers from inherent legal or procedural defects, making it incapable of proceeding to trial. Unlike return, rejection results in the termination of the suit at the threshold.
On what grounds may the court reject an amendment sought to be made in pleadings?
The Law of Limitation applies to amendments of pleadings, meaning that a court will generally decline to allow amendments that would introduce a time- barred claim, or if the amendment changes the nature of the suit.
Is rejection of plaint a deemed decree?
The law also recognizes the concept of a deemed decree. This includes the rejection of a plaint and questions under Section 144 of the Code. However, it does not cover adjudications from which an appeal lies as an appeal from an order, or dismissal of suits for default.
When can plaint be returned?
Return of plaint. —Whenever the Court finds that for want of jurisdiction it cannot finally determine the question at issue in the suit, it may at any stage of the proceedings return the plaint to be presented to a Court having jurisdiction to determine the question.
What are the grounds for rejection of plaint under order 7 rule 11?
If the suit is barred by any statute [Order VII Rule 11(d)] As per Order VII Rule 11(d) of the Code, a plaint shall be rejected if the suit is barred by limitation. If a suit is barred by the Law of Limitation, the plaint of such a suit can be amended at the hearing.
What is the 3 year limitation period?
Time limits for personal injury claims
The limitation period for a personal injury claim is three years from the date of the injury. This usually means that you must start any court proceedings by the third anniversary of your accident.
Can a suit be filed after the limitation period?
Bar of limitation.—(1) Subject to the provisions contained in sections 4 to 24 (inclusive), every suit instituted, appeal preferred, and application made after the prescribed period shall be dismissed, although limitation has not been set up as a defence.
What is the limitation for filing rejection of plaint?
However, the fresh suit is governed by the residuary provision of Article 113 of the Limitation Act, which provides a three-year limitation period from the date the right to sue accrues. In this case, the rejection of the plaint in 1998 gave the plaintiff a new right to file a subsequent suit.
Is rejection of plaint being a decree appealable?
An order rejecting a plaint under Order VII Rule 11 CPC amounts to a decree within the meaning of Section 2(2) CPC and is appealable under Section 13(1A) of the Commercial Courts Act, 2015 | The proviso to Section 13(1A) restricts only appeals against interlocutory orders, not decrees – MITC Rolling Mills Pvt.
What is order 21 rule 37 of CPC?
Order 21 of Civil Procedure Code 1908 deals with Mode of Execution. Rule 37 of Order 21 deals with discretionary power to permit judgment-debtor to show cause against detention in prison.
Who decides on plaint rejection?
An application for rejection of plaint can be filed by the defendant at any stage, but the court is expected to decide it as soon as it is raised, to prevent unnecessary litigation.
Can a judge ignore an objection?
Judges commonly overrule objections when the question is proper, the testimony is allowed under the rules of evidence, or the opposing attorney misapplies a legal rule.
What is order 47 rule 1 of CPC?
Under Order 47 Rule 1 CPC a judgment may be open to review inter alia if there is a mistake or an error apparent on the face of the record.
How is a plaint verified?
Verified Complaint
Typically, a plaintiff verifies a complaint by attaching a page at the end containing a statement made under oath that: The plaintiff has reviewed the complaint. The plaintiff knows or believes that all allegations that the plaintiff has personal knowledge of to be true.
Why is rejection of plaint a deemed decree?
Only two orders are excluded – (a) any adjudication from which an appeal lies as an appeal from an order and (b) any order of dismissal for default. Hence, by the fiction of law, the rejection of a plaint is deemed to be a decree and not merely an order.
Can plaint be rejected just because one relief is barred if there's another cause of action?
The Supreme Court has clarified that a plaint seeking multiple reliefs cannot be entirely rejected under Order VII Rule 11 CPC simply because some of the requested reliefs are barred by law. If at least one of the reliefs sought is maintainable, the entire plaint should be allowed to proceed.