Discuss the grounds of return of a plaint to the plaintiff or of its rejection. Can a plaintiff institute a fresh suit on the same cause of action on the rejection of plaint?

Question: Discuss the grounds of return of a plaint to the plaintiff or of its rejection. Can a plaintiff institute a fresh suit on the same cause of action on the rejection of plaint?

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Answer

Order VII Rule 11 of the Code elaborates on the rejection of the plaint in certain circumstances. Grounds for rejection of plaint are:

1. If a plaint does not disclose the cause of action:

•  If the plaint filled by the plaintiff, doesn’t specify any cause of action, the court will reject such a plaint, by only looking at the plaint.
  
•  The court can reject plaint on this basis only if it reaches the conclusion that after all the allegations are set out, the plaintiff is not entitled to any relief.
•  A plaint shall be rejected wholly if the cause of action is not defined, it cannot be rejected partly.

In Samar Singh v. Kedar Nath Alias K.N. Singh & Ors. (1987), an appeal was filed under Section 116-A of the Representation of the People Act, 1951, against the judgement of the Allahabad High Court. The respondent, i.e., Kedar Nath, won the Lok Sabha Elections from Hapur. The appellant was able to secure only 617 votes in the election. The election petition was rejected under Order 7 Rule 11 of the Code of Civil Procedure because it did not disclose any cause of action.

2. Locus Standi: 

• The basis for filing a suit is locus standi.
  
• The term means that one needs to show that some legitimate right of the individual has been damaged, and such infringement has brought some damages to the individual.
• If there is no locus standi then no suit can be brought, as it provides the grounds which were abused which lead to the institution of suit.

3. Relief claim is undervalued:

When the relief claimed is undervalued and the valuation of the claim is not corrected or extended by the court, the plaint will be rejected.

4. Insufficiently stamped:

• Sometimes the relief claimed by the plaintiff is written on paper insufficiently stamped and the plaintiff on failing to pay the court fees within the time fixed or extended by the court, the plaint can be rejected.
• If the plaintiff cannot pay the court fees, he may apply to continue the suit as an indigent person.

5. Suit barred by law:

• If the statements in the plaint show that the suit is barred by any law, the court will reject the plaint.
• If plaint itself shows that the claim is barred by limitation, the plaint can be rejected.

6. Plaint not in duplicate:

According to Order IV Rule 1, every suit shall be instituted by presenting a plaint in duplicate. If such a requirement is not fulfilled then the plaint can be rejected.

7. Non-compliance with statutory provisions:

If the plaintiff fails to go according to the provision, the plaint shall be rejected.

8. Other grounds for rejection:

• If a plaint is signed by a person not authorized by the plaintiff and it is not corrected within the stipulated time, such a plaint can be rejected.
  
• Not showing the clear right to sue, a vague plaint can also be rejected.

A plaint can be returned by the following provision:

Order VII Rule 10(1) talks about the Return of Plaint in CPC. This order states that a plaint can be returned by any court if the suit that is presented cannot be tried in the filed court, due to lack of jurisdiction. Thus the court may return the plaint for it to be presented in the proper court.

Can a plaintiff institute a fresh suit on the same cause of action after the rejection of the plaint?

Yes, if a plaint is rejected by the court, the plaintiff generally has the option to file a fresh suit on the same cause of action, subject to the rules of limitation. The rejection of a plaint does not prevent the plaintiff from pursuing their claim in a subsequent suit. However, it is important for the plaintiff to address the grounds on which the previous plaint was rejected to ensure compliance with the legal requirements and avoid a similar outcome.

It's worth noting that the rejection of a plaint does not amount to a decision on the merits of the case. It is a procedural matter related to the sufficiency of the plaint itself. Therefore, the plaintiff may rectify any deficiencies or errors in the original plaint and refile it as a fresh suit, provided it is within the applicable limitation period.

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