Discuss the scope and depth of .... inquiry while applying Order 7 Rule 11 of the Code of Civil Procedure, 1908...

Question: Discuss the scope and depth of judicial inquiry while applying Order 7 Rule 11 of the Code of Civil Procedure, 1908 while rejecting a plaint. [HPJS 2023]

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Answer

Order 7 Rule 11 of the Code of Civil Procedure, 1908 provides specific grounds for the rejection of a plaint at the threshold. The judicial inquiry while applying this provision is limited and primarily based on the contents of the plaint itself, without delving into extraneous matters or factual disputes.

Scope of Judicial Inquiry

• Prima Facie Examination of the Plaint: The court must examine whether the plaint satisfies the statutory requirements under Order 7 Rule 11. It does not consider the defence or written statement at this stage.
• Strict Interpretation of Grounds for Rejection: The grounds for rejection are exhaustive and must be strictly applied. The rejection is based solely on the failure of the plaint to meet the legal criteria.
• No Consideration of Evidence or Merits: The court does not conduct a detailed trial or consider documentary evidence beyond what is annexed to the plaint. No oral evidence or defence arguments are entertained.

Depth of Judicial Inquiry

The depth of inquiry is confined to legal sufficiency rather than factual sufficiency. The court evaluates:

1. Failure to Disclose a Cause of Action [Order 7 Rule 11(a)]: The court assesses whether the plaint discloses a valid cause of action. If no cause of action is made out, the plaint must be rejected.
2. Barred by Law [Order 7 Rule 11(d)]: The court determines whether the suit is barred under any law (e.g., limitation, res judicata, specific statutory bars). This is a purely legal question requiring no factual adjudication.
3. Deficiency in Court Fees [Order 7 Rule 11(b) & (c)]: The court examines whether proper court fees have been paid. If not, the plaintiff must be given an opportunity to rectify the defect before rejection.
4. Suit Appears Vexatious or an Abuse of Process: Though not explicitly mentioned in Order 7 Rule 11, courts have applied the principle that frivolous or vexatious suits should be rejected in the interest of justice.

In T. Arivandandam v. T.V. Satyapal (1977), the Supreme Court held that if the plaint is vexatious or does not disclose a cause of action, it should be rejected at the outset.

In Sopan Sukhdeo Sable v. Assistant Charity Commissioner (2004), The court emphasized that the rejection of the plaint should be based strictly on the averments made in the plaint, without considering external matters.

The scope of judicial inquiry under Order 7 Rule 11 is limited to a legal assessment of the plaint without engaging in factual disputes or evaluating evidence. The depth of inquiry extends only to the threshold determination of maintainability based on statutory grounds. If the plaint fails to meet these legal requirements, it must be rejected without proceeding to trial.