INTRODUCTION
This principle is enshrined under the provisions of Order 7 Rule 11 of the Civil Procedure Code, 1908. As per this provision, in case a particular case comes under any of the pre-requisites as defined under its sub-clause, in such an event the person agaisnt whom the case is filed can file an application under this provison pratying for the reection of the plaint. This is because it is well settled that in case a particular case is not maintaianble in lieu of the principles enshrined by this very provison, then it shall be proper to reject the same in its very inception.
RELEVANT CONDITIONS WHEN THIS PROVISION MAY BE APPLIED:-
1.WHEN THE PLAINT DISCLOSES NO CAUSE OF ACTION { Order 7 Rule 11(a)}
In case where upon bare reading of the plaint it is seen that the plaint is devoid of having a cause of action, in such cases the defendant as soon as possible might move an appkication for rejection of the plaint under the provision as discussed above.
2. UNDER VALUATION OF THE SUIT { Order 7 Rule 11(b)}
In cases, where the cases filed is being under valued, in such circumstances this provision may be applied for rejection of the plaint.
3. DEFICIENT COURT FEE{ Order 7 Rule 11(c)}
Under this sub clause, where inspite of the time being given by the court, the plaintiff fails to deposit the deficit court, in such a case, the court has power to reject the plaint as per law.
4. BARRED BY ANY LAW{ Order 7 Rule 11(d)}
Under this provision, in case the suit filed is barred by any law for the time being in force, in such an event the court can reject the plaint as per law.
CONCLUSION
The whole idea behind invocation of this provision is to prevent unnecessary litigations by detecting it in the very beginning so that it might not add to the already pendency of the cases in the court of law waiting for disposal. Further, it saves the honest litigants from defending the cases and paying expenses endlessly, adding to their misery. It also acts as a check towards unnecessary litigation.
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