Download Civil Procedure Code project and more Papers Civil Law in PDF only on Docsity!
RAJIV GANDHI NATIONAL UNIVERSITY OF LAW,
PATIALA
SEMESTER- 6
th
CIVIL PROCEDURE AND LIMITATION
TITLE-
RETURN OF PLAINT, REJECTION OF PLAINT AND DISMISSAL OF
SUITS: AN ANALYSIS
SUBMITTED TO: SUBMITTED BY:
DR. MANOJ KUMAR SHARMA RENU
(ASST. PROF. OF LAW) ROLL NO.- 18146
GROUP NO. – 24
TABLE OF CONTENT
Chapter- 1
Introduction ➢ Plaint ➢ Particulars of Plaint
Chapter- 2
Return of Plaint ➢ Procedure for Return of the Plaint ➢ Grounds for return of the Plaint
Chapter- 3
Rejection of Plaint ➢ Grounds for Rejection of the Plaint
Chapter- 4
Dismissal of Suit ➢ Rule 1 and 12 ➢ Ex Parte Decree ➢ Grounds for Dismissal of Suit
Chapter- 5
Conclusion
The four golden principles further referred to as the principal or rationale of the reasoning, are demonstrably relevant to the complaint. They are^3 :
- Only the facts need to be expressed.
- Only material facts need to be expressed.
- Facts must be expressed in a compact and brief way.
- No evidence should be provided. Each plaint contains the associated points of interest: 1 - The name of the court where the case is filed. 2 - Name, representation and place of residence of the injured party. 3 - Name, representation and place of residence of the litigant. 4 - A statement that makes an impact when any of the party is of unsound mind or minor. 5 - The facts that determine the cause for the activity. 6 - Factuality exhibiting that the court has jurisdiction. 7 - The assistance of the injured party is guaranteed. 8 - The amount transferred or authorized to provide compensation from the injured party. 9 - The estimate of the subject matter of the cause. (^3) https://www.lawnn.com/plaint-under-cpc/ (last accessed: 12/03/21).
RETURN OF PLAINT
The provisions concerning the return of the plaint are contained in Order VII, Rules 10, 10A, 10B, Code of Civil Procedure, 1908. If the court concludes that it is not competent to prosecute, it may defer a request to submit the plaint to the proper court. The fault in the jurisdiction can be of territorial, pecuniary or subject matter. If at any time of the prosecution, the court decipher that it does not have territorial or pecuniary jurisdiction or a subject of criminal proceedings; it will return the plaint to the competent court where the accusation should have been filed. Procedure for Return of Plaint Rule 10 - A recommends that the technique be followed by a court of law before returning the plaint for submission to the competent court. It is inserted to prevent the need of serving the summons on the litigants where the return of plaint is made after the presence of the defendants in the suit 4. An investigative court may also refer the plaint to the proper court. The arbitrator returning the plaint must provide assistance in this regard:
- The date of presentation
- The date of return
- The name of the party presenting it
- Reasons for returning it However, at the time of returning the complaint, only the progress made in the plaint should be considered. Additionally, the plaint must be meaningfully and comprehensively investigated to find out the true purpose of the plaint. 5 (^4) Law Commission’s Fifty- fourth Report at p. 129. (^5) Arvindanam v. T.V. Satyapal, (1977) 4 SCC467.
3 - Subsequently acquired jurisdiction If court has no jurisdiction at the time the case is formed, but later on gain jurisdiction, the case is deemed to be adequately instituted from the date the court gets jurisdiction. 4 - One part of plaint is within and other part outside the jurisdiction of Court At the moment, the complaint consists of two portions, one within the ambit of the court and other is outside the ambit of the court, and therefore two perspectives are acquired in such a situation. As can be seen from one point of view, the judge must return the plaint which is out of its scope and deliberate on the portion which is with its scope. Another point of view is that the court should not return the plaint, but rather, under Order 6 of Rule 16 of the Civil Procedure Code, eliminate the part of the complaint that is not in its ambit. 5 - Determination of jurisdiction- To decide whether the court has jurisdiction, it is necessary to investigate the suit originally described and organized. In ONGC Ltd. v. Current Construction and Company^12 , the court ruled that such a plaint should be considered a new lawsuit if the concerned suit is returned by the court which is not competent to deliberate upon it and there should be a de novo process which should be done for the new lawsuit regardless of the fact whether the trial under the original suit had completed. (^12) ONGC ltd. v. Modern Construction and Company, (2014) 1 SCC 648.
REJECTION OF PLAINT
Order VII Rule 11 of the Code of Civil Procedure declares the rejection of complaints under some conditions. It points out some reasons because of which the plaints are rejected by the courts. It is important to decide the application of rejection of the plaint under Order VII. The litigant cannot be contacted to document a written statement without addressing that application, if any. Furthermore, this standard can be used at any stage of the proceedings. In Selina Sheehan v. Hafez Mohammad Fateh Nashib^13 before High Court of calcutta, the plaint was dismissed as an indictment even after it was numbered and found. It is up to the court to examine the complaint as a whole and conclude whether the complaint should be admitted or to be sent back offered for readdressing. Grounds for Rejection of the Plaint-
- When plaint does not disclose cause of action- If plaint registered by the injured party does not reveal any course of action, the court will reject it. However, to dismiss the appeal on that basis, the judge would have to consider the plaint only and nothing else.^14 The ability to reject plaint for this reason should only be practiced if the court concludes that the injured party is not entitled to assistance regardless of whether each of the claims set forth in the plaint is established. In such a case, the court will reject the complaint without summoning the defendants. Interpretation of the pliant must be meaningful and non-formal.^15 However, if the plaint does not disclose the cause of action, clever drafting, and the habit of repetition of words or misleading words cannot insert the cause of action in the plaint. “Again there is a difference between plea that the pliant does not disclose the cause of action and a plea that there is no cause of action for instituting the suit. For determining (^13) Selina Sheehan v. Hafez Mohammad Fateh Nashib, AIR 1932 Cal 685. (^14) Begum Sahiba v. Nawab Mohd. Mnsur, (2007) 4 SCC 343. (^15) T. Arvindanam v. T.V. Satyapal, (1977) 4 SCC467.
DISMISSAL OF SUITS
The provisions of the code of civil procedure depend on the general directive. To the extent, no trial should be conducted in a courtroom to prejudice of any party in the absence. Order 9 of the civil code orders the law on the presence of parties concerned to the lawsuit and the results of their non-presentation. It also gives a solution to overturn an order of dismissal of the suit, as well as overturning an ex parte decision against the defendant. As expressed in Rule 1 of Order IX^19 , Code of Civil Procedure, parties to the suit are required to appear in court face to face or by their contenders on the date specified in the summons. If the offended party or a litigant, when asked to appear face to face, fails to come under the constant eye of the court and does not show a reasonable reason for absence, the court will be activated under Rule 12 of Order 9 as:^20 ➢ If the plaintiff is absent, dismiss the suit. ➢ If the defendant absent, pass an ex-parte order. Rule 1 and 12 - Under Rule 1, , parties to the suit are required to appear in court face to face or by their contenders on the date specified in the summons for the defendant. Rule 12 states that if an offended party or defendant who has been asked to appear face to face does not come face to face or does not have sufficient reason non-appearance, the court may dismiss the suit, if he is the plaintiff, or proceed ex parte if he is the defendant. 21 Ex Parte Decree - An ex parte order is a declaration made when the defendant is not present. If the offended party shows up and the defendant does not show up when the prosecution is called for a (^19) Code of Civil Procedure, 1908 Order 9 Rule 1. (^20) Subodh Asthana, “ Appearance and Non-appearance of Parties in the Civil Suit”, July 4, 2019. (^21) Jagraj Singh v. Birpal Kaur, (2007) 2 SCC 564.
hearing and the defendant is adequately set out, the court can hear the prosecution ex parte and pass an order against him. This declaration is not invalid, null or inadequate, only voidable, if and until it is repealed for valid and legitimate reasons, it is appropriate, legal, usable and enforceable as a two-part order and has all the powers of a valid order.^22 Remedies- The defendant against whom an ex parte resolution has been passed has access to the accompanying material: 1 - Ask the court from which this declaration was furnished to set it aside: Order 9 Rule 13 2 - Promote a appeal against this order: Section 96( 2 ) 3 - To request for review: Order 47 Rule 1. 4 - To institute a case on grounds of fraud^23 Grounds for dismissal of Suit- ➢ Absence of both parties to the suit: Rule 3 ➢ Presence of the Plaintiff: Rules 6 - 10 ➢ Presence of the defendant: Rule 7 - 11 ➢ When Summon is not served: Rule 2, 5 1 - Non-appearance of both the parties to the suit- If neither the offended party nor the accused appear when the suit is called for a hearing, the court can dismiss it^24. Despite the dismissal of suit as per Rule 3, does not bar a fresh suit in respect of the same.^25 The offended party may also ask the court withdraw such dismissal. If the court is satisfied that there were sufficient reasons not to appear, it will (^22) Pandurang Ramchanda v. Shantibai Ramchandra, AIR 1989 SC 2240. (^23) Kiran Kumar v. A.S. Khadar, (2002) 5 SCC 161. (^24) Code of Civil Procedure, 1908 Order 9 Rule 3. (^25) Code of Civil Procedure, 1908 Order 9 Rule 4.
concern of fairness in requesting such a dismissal, as stated by Chief Justice Beaumont in Shamdasani v. National Bank of India.^30 From now on, Rule 9 prevents the injured party from registering a new suit for a similar cause of action. In either case, you can ask for a request to withdraw the order of dismissal. If the court is satisfied that there were sufficient reasons to whisper the no- show, the court can overturn the dismissal order and set a date for the prosecution to resume which was dismissed. In deciding whether a suit dismissed for default restored, what really need to be looked upon is whether the offended party really tried to show up on the appointed date. If he really suggested introducing himself, he should be give a change to be heard.^31 (^30) Shamdasani v. Central Bank of India, Air 1938 Bom 199 at p. 202. (^31) Motichand v. Ant Ram, AIR 1952 Bho 33.
CONCLUSION
CPC is a global goal that covers the whole approach that every ordinary court in India should take. Plaint is the prepayment that is the basis for bringing a case to court. It should be drafted with due persistence and care. It should bring together all the priorities that is referred in Order VII. The Code of Civil Procedure is an in-depth resolution that includes the entire procedure which should be looked upon by every civil court in India. The plaint is the first step in registering a legal proceeding. It has to be written with the right level of ingenuity. It should incorporate each of the points of interest collectively referred to as Order VII of the Code. Courts may use their powers to return the plaint under the watchful eye of the competent court if they believe that in no case the preliminary court itself has control of the relevant district. If the review court finds that the interim court has tried the civil dispute by exceeding its scope, that decision will be void. The appearance and non-appearance of the parties will affect the case and a dismissal or ex parte order will be made to decide whether they will continue for the next hearing. As long as none of the parties appear, the court can dismiss the suit. Only when both the parties appear in the court then the suit is deliberated upon for next hearing. It is accepted that no offended party can go beyond its own plaint. With this in mind, no offended party can request what is not guaranteed in its plaint. In principle, no plaintiff can provide evidence that goes beyond his or her plaint. So, we can very well express that plaint plays an important role in preparing a more accessible law implementation procedure.
