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TMI Blog2023 (4) TMI 476X X X X Extracts X X X X X X X X Extracts X X X X ..... , and the same rule shall apply to any relief claimed by the defendant in his written statement. Rule 9 speaks about procedure on admitting the plaint , Rule 10 stipulates return of plaint . Thus, Rule 11 contemplates rejection of plaint . Once the plaint is not in compliance with the other rules contemplated under Order VII, then such claims are to be rejected under Rule 11 of CPC. If it is rejected on the ground stipulated under Rule 11, then the plaintiff is entitled to institute a fresh suit, setting out the corrections or cause of action as the case may be and proceed with the suit. No other ground on which the plaint can be rejected, other than those mentioned under Rule 11 can be saved under Rule 13, except when the suit was insti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iled against the order and decree passed by the learned II Additional District Judge, Vellore @ Ranipet in IA No.4 of 2020 in OS No.95 of 2019 dated 24.03.2022. 2. The appellants are plaintiffs and the respondents are defendants in the suit. The suit was instituted for declaration and permanent injunction and for recovery of possession. 3. It is not in dispute that the defendants in the suit filed written statement and thereafter an Interlocutory Application was filed in IA No.4 of 2020 for rejection of plaint under Order VII, Rule 11 of the Code of Civil Procedure. 4. The Trial Court adjudicated the issues and allowed the application and the plaint was rejected. Thus, the appellants have chosen to prefer the present appeal Suit. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... und that there is a delay in institution of the suit rejected the plaint on the ground of limitation. More-so, the Trial Court relied on the earlier suit for partition filed by the appellants herein. 10. In respect of the findings in this regard, the limitation in the present case is to be adjudicated with reference to the facts as well as the events. It is a mixed question of facts and law and therefore, an adjudication becomes imminent. Whenever there is a mixed question of fact and law, it is preferable to try the suit by framing the issues rather than rejecting the plaint under Order VII, Rule 11 of the Code of Civil Procedure. 11. All suits are to be tried on merits. An opportunity of adjudication need not be denied to anyone of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plaint. Order VII Rule 11 of CPC enumerates rejection of plaint on certain circumstances as contemplated under sub-clauses (a) to (f) in Rule 11. 15. Order VII Rule 13 of CPC denotes: The rejection of the plaint on any of the grounds hereinbefore mentioned shall not of its own force preclude the plaintiff from presenting a fresh plaint in respect of the same cause of action. 16. Holistic reading of Order VII Rule 11 and Rule 13 of CPC would reveal that Order VII Rule 11 is intended to reject the plaint more on technical grounds rather on merits. Thus, even in case, a plaint is rejected under Order VII Rule 11 by the Courts, then the plaintiff is entitled to institute a fresh suit by correcting the cause of action or the mistakes or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll apply to any relief claimed by the defendant in his written statement. Rule 9 speaks about procedure on admitting the plaint , Rule 10 stipulates return of plaint . Thus, Rule 11 contemplates rejection of plaint . Once the plaint is not in compliance with the other rules contemplated under Order VII, then such claims are to be rejected under Rule 11 of CPC. If it is rejected on the ground stipulated under Rule 11, then the plaintiff is entitled to institute a fresh suit, setting out the corrections or cause of action as the case may be and proceed with the suit. No other ground on which the plaint can be rejected, other than those mentioned under Rule 11 can be saved under Rule 13, except when the suit was instituted afresh, correctin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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