ES वाद पत्र ग्रहण करने पर न्यायालय में कौन-सी प्रक्रिया अपनायी जाती है? किन अवस्थाओं में वादपत्र को अस्वीकार किया जा सकता है?

 Procedure Followed in Court on Admitting a Plaint

A plaint is the written statement of a claim submitted by the plaintiff (the person initiating the suit) to the court, outlining the facts and relief sought. The procedure for admitting a plaint is governed by Order VII of the Code of Civil Procedure, 1908 (CPC). The steps involved in admitting a plaint are:

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1. Presentation of the Plaint

• The plaint must be filed in the appropriate court having jurisdiction (territorial, pecuniary, and subject matter jurisdiction).
• The plaintiff or their authorized representative submits the plaint to the court officer or judge.

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2. Examination of the Plaint

• The court scrutinizes the plaint to check compliance with procedural requirements.
• It verifies whether the plaint contains all necessary details like:
  • Name, description, and address of parties.
  • Cause of action and relief claimed.
  • Jurisdictional facts.
  • Court fee payment.

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3. Admission or Rejection of the Plaint

• If the plaint satisfies all legal requirements, the court admits it and proceeds with issuing summons to the defendant.
• If there are defects, the court may reject the plaint under Order VII, Rule 11 of CPC or ask for rectifications.

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4. Issuance of Summons to Defendant

• Upon admission, the court issues summons to the defendant, directing them to appear and respond to the suit.
• The summons contains details of the case and the deadline for filing a written statement (defense).

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Grounds for Rejection of a Plaint (Order VII, Rule 11, CPC)

The court can reject a plaint at any stage of proceedings if it fails to meet legal requirements. The grounds for rejection include:

Grounds	Explanation
(a) Non-Disclosure of Cause of Action	If the plaint does not disclose a valid legal claim, it is liable to be rejected. Example: A suit without stating any specific legal right violated.
(b) Suit Barred by Law	If the suit is barred by any law (e.g., Limitation Act, Res Judicata), it cannot be entertained. Example: Filing a suit beyond the prescribed limitation period.
(c) Insufficient Court Fee	If the plaintiff does not pay the required court fee and fails to do so despite being directed by the court.
(d) Plaint is Vague or Defective	If the plaint lacks essential details such as proper party information, cause of action, or relief sought.
(e) Jurisdictional Defect	If the suit is filed in a court that lacks jurisdiction, it can be rejected. Example: A property suit filed in a court that does not have territorial jurisdiction.
(f) Failure to Follow Procedure	If the plaint is not signed and verified properly or is filed in violation of legal provisions.

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What Happens After Rejection?

• If the plaint is rejected, the plaintiff has the option to file a fresh plaint after correcting the defects.
• Alternatively, the plaintiff may appeal against the rejection order before a higher court.

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Conclusion

• The court follows a strict process before admitting a plaint, ensuring it meets legal criteria.
• If a plaint is defective, it may be rejected under Order VII, Rule 11 of CPC.
• A rejected plaint can be refiled after rectification or challenged before a higher court.

This ensures that only genuine and legally valid cases proceed to trial, preventing unnecessary litigation.