Order 7 Rule 11 CPC – When and How Courts Reject a Plaint
Order 7 Rule 11 CPC – When and How Courts Reject a Plaint
Introduction
Ever filed a civil case and suddenly found the court rejecting it even before trial? Chances are, the court exercised its power under Order VII Rule 11 of the Civil Procedure Code (CPC). This provision is a powerful legal tool that helps filter out frivolous, barred, or improperly framed suits.
?? What is Order 7 Rule 11 CPC?
Order VII Rule 11 CPC lays down the grounds on which a plaint (civil suit) can be rejected at the very threshold, without proceeding to trial.
It ensures judicial time is not wasted on hopeless or inadmissible claims.
?? Grounds for Rejection of Plaint
According to Order 7 Rule 11, a plaint may be rejected if:
No cause of action is disclosed.
Relief claimed is undervalued, and plaintiff fails to correct it despite direction.
Plaint not properly stamped (deficit court fee).
Suit barred by law, like limitation or res judicata.
Duplicate or identical suits already filed (Rule 11(e)).
?? Simple Example
Imagine someone files a suit after 10 years of the cause of action and limitation period is 3 years. Even before issuing summons, the court can reject the plaint under Order 7 Rule 11(d).
?? Who Can File an Application Under Order 7 Rule 11?
Defendant, via a preliminary application before filing written statement.
Even the Court suo motu (on its own) can invoke Order 7 Rule 11.
No need to wait for issues to be framed or evidence to be led.
?? Draft Format: Application Under Order 7 Rule 11
IN THE COURT OF _______
Civil Suit No. _____ of 20__
In the matter of:
[Name of Defendant] … Applicant
VERSUS
[Name of Plaintiff] … Opponent
APPLICATION UNDER ORDER VII RULE 11 CPC
The Applicant respectfully submits:
1. That the Plaintiff has filed the above suit which is barred by law and discloses no cause of action.
2. That the plaint is liable to be rejected under Order VII Rule 11 clauses (a), (b), (d), and (e).
3. That the court may be pleased to reject the plaint accordingly.
PRAYER
It is most respectfully prayed that this Hon’ble Court may be pleased to:
a. Reject the plaint under Order VII Rule 11 CPC; and
b. Pass such other orders as may be deemed just and proper in the circumstances.
Filed by:
[Defendant’s Name]
[Advocate for Defendant]
?Key Points to Remember
The plaint must itself show the defect—external documents are not considered.
The stage of filing does not matter—can be filed at any point before trial.
If plaint is rejected, it is not the same as dismissal on merits—plaintiff can refile, if curable.
?? Real-Life Scenario
A landlord files a suit for possession without terminating tenancy. Defendant can seek rejection under Order 7 Rule 11(a) for lack of cause of action.
?? Pro Tip
If you’re a defendant and feel the suit against you is hopeless, Order 7 Rule 11 is your first defense. It saves time, effort, and litigation costs.
