Question

On which ground plaint cannot be rejected?

A Where it does not disclose cause of action Correct Answer Incorrect Answer
B Plaint is filed in such court which does not have jurisdiction to try the suit Correct Answer Incorrect Answer
C Where suit appears to be barred by Law Correct Answer Incorrect Answer
D Where plaint is not filed in duplicate. Correct Answer Incorrect Answer

Solution

Lack of Jurisdiction is not a ground for rejection of plaint, the plaint might be returned to the plaintiff.   As The Civil Procedure Code provides for the remedy of rejection of plaint under Order VII Rule 11, on certain specifically stated grounds: (a) where it does not disclose a cause of action; (b) where the relief claimed is undervalued, and the plaintiff, on being required by the court to correct the valuation within a time to be fixed by the court, fails to do so; (c) where the relief claimed is properly valued, but the plaint is written upon paper insufficiently stamped, and the plaintiff, on being required by (d) where the suit appears from the statement in the plaint to be barred by any law;   (e) where it is not filed in duplicate; (f) where the plaintiff fails comply with the provision of Rule 9.   This has been observed by Supreme Court in various cases one of them is- Gurdev Singh vs Harvinder Singh 2022  

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