📢 Too many exams? Don’t know which one suits you best? Book Your Free Expert 👉 call Now!


    Question

    Under Order 7, Rule 11 of the Code of Civil Procedure,

    1908, if a plaint is rejected, the plaintiff:
    A Cannot file another suit Correct Answer Incorrect Answer
    B Must wait for one year before filing another suit Correct Answer Incorrect Answer
    C May file a fresh suit with the same or different cause of action (unless barred by limitation) Correct Answer Incorrect Answer
    D Must appeal against rejection Correct Answer Incorrect Answer
    E Must amend the plaint only Correct Answer Incorrect Answer

    Solution

    If a plaint is rejected, the plaintiff is at liberty to file a fresh suit based on the same or different cause of action, subject to limitation laws. The rejection of a plaint does not bar future suits on the same or other grounds unless the claim is time-barred or otherwise statutorily barred. An appeal is available but rejection alone does not prevent subsequent suits. [Citation: Order 7, Rule 11; Order 7, Rule 14, Code of Civil Procedure, 1908]

    Practice Next
    ask-question