❌ Short Notes on Rejection of Plaint in Civil Procedure Code & Limitation Act
1. Meaning of Rejection of Plaint
Rejection of plaint means the court refuses to proceed with the suit by dismissing the plaint at the initial stage if it does not comply with essential legal requirements under the CPC.
2. Relevant Provision under CPC
Order VII Rule 11 of the Civil Procedure Code, 1908 provides the grounds on which a plaint can be rejected by the court.
3. Grounds for Rejection of Plaint
- No cause of action disclosed
- Relief claimed is undervalued and not corrected
- Insufficiently stamped plaint
- Suit is barred by any law (e.g., Limitation Act)
- Plaint not filed in duplicate
- Failure to comply with statutory provisions
4. Legal Effect of Rejection
- Treated as dismissal of the suit
- An appeal lies under Order 43 Rule 1(a) CPC
- Fresh suit may be filed if limitation has not expired
5. Limitation Act, 1963 and Rejection of Plaint
The plaint may be rejected if the suit is barred by limitation. This falls under:
- Order VII Rule 11(d) CPC: If from the plaint it appears that the suit is barred by any law, including the Limitation Act.
- Courts can consider limitation even at the initial stage before issuing summons.
✅ Note:
Rejection of plaint does not bar the plaintiff from filing a fresh suit (if within limitation). Hence, compliance with CPC and timely filing is crucial.
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