📘 CIVIL PROCEDURE CODE : ORDER VII – VIII
Preparation for RJS, DJS, PCS (J) and other Judicial Service exams
⚖️ CIVIL PROCEDURE CODE EXPLAINED
The Civil Procedure Code forms the bedrock of any and every Judicial Service exam in the country. Its thorough knowledge is a must for all aspirants of RJS, DJS, PCS (J) and every other Judicial Service exam. To help such aspirants DELHI LAW ACADEMY JAIPUR has launched a series of study material modules on all important aspects of this vital part of their syllabus:
📄 ORDER VII
REJECTION OF PLAINT
Rule 11
Plaint shall be rejected in following cases:
(a)
• where it does not disclose a cause of action
…….
(d)
• where the suit appears from the statement in plaint to be barred by any law
The Law on Rejection of Plaints:
Case study: Saleem Bhai v. State of Maharashtra [2003 SC]
• The appellant filed an application under Order VII Rule 11 praying the court to dismiss the suits on the ground stated therein.
• Before us, it is stated that the plaint is liable to be rejected under Clauses (a) and (d) of Rule 11 of Order VII.
Trial court
• Insofar as the application under Order VII Rule 11 is concerned, the Judge directed the appellant to file his written statement.
High Court
• Aggrieved thereby, the appellant filed afore-mentioned revision petitions before the High Court of Madhya Pradesh [Indore Bench].
• On May 7, 2002, the High Court, while confirming the order of the learned Trial Judge reiterated the direction given by the learned Trial Judge that the appellant should file his written statement
Supreme Court
The question:
• Whether an application under Order VII Rule 11 ought to be decided on the allegations in the plaint and whether filing of written statement by the contesting defendant is irrelevant and unnecessary?
• A perusal of Order VII Rule 11 C.P.C. makes it clear that the relevant facts which need to be looked into for deciding an application thereunder are the averments in the plaint.
• The trial court can exercise the power under Order VII Rule 11 at any stage of the suit -before registering the plaint or after issuing summons to the defendant, at any time before conclusion of trial.
• For deciding an application under clauses (a) and (d) of Rule 11 of Order VII, averments in the plaint are germane; the pleas taken by the defendant in the written statement would be wholly irrelevant at that stage… …therefore, a direction to file the written statement without deciding the application under Order VII Rule 11 cannot but be procedural irregularity touching the exercise of jurisdiction by the trial court.
• We remit the case to the trial court for deciding the application under Order VII Rule 11 on the basis of the averments in the plaint.
📑 Production of document on which plaintiff sues
Rule 14(1)
• Where
– a plaintiff sues or relies upon a document
– in his possession or power in support of his claim
• he
– shall enter such document in a list and
– shall produce it in Court when the plaint is presented by him and
– shall at the same time deliver the document and a copy thereof to be filed with the plaint
Rule 14(2)
• Where
– any such document is not in possession or power of plaintiff
• he shall, wherever possible
– state in whose possession or power it is
Rule 14(3)
• A document
– which ought to be produced in Court by the plaintiff when plaint is presented or
– ought to be entered in the list to be annexed to plaint
– but is not produced or entered accordingly
• shall not without leave of Court
– be received in evidence on his behalf at the hearing of the suit
📝 ORDER VIII WRITTEN STATEMENT, SET-OFF AND COUNTER-CLAIM
Written statement within thirty days and not later than ninety days
Rule 1
• The defendant
– shall present a written statement of his defence
– within thirty days from the date of service of summons on him
• Where
– defendant fails to file the written statement within thirty days
• he shall be allowed
– to file the same on such other day
– as may be specified by the Court for reasons to be recorded in writing
– but which shall not be later than ninety days from the date of service of summons
Duty of defendant to produce documents
Rule 1A (1)
• Where
– the defendant bases his defence or relies upon any document in his possession or power
– in support of his defence or claim for set off or counter claim
• he
– shall enter such document in a list and
– shall produce it in Court when the written statement is presented by him and
– shall at the same time deliver the document and a copy thereof to be filed with the written statement
Rule 1A (2)
• Where
– any such document is not in possession or power of defendant
• he shall, wherever possible
– state in whose possession or power it is
Rule 1A (3)
• Where
– a document or a copy thereof is not filed with the written statement
• it shall not be allowed
– to be received in evidence on behalf of the defendant at the hearing of the suit
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❓ Frequently Asked Questions – CPC Order VII & VIII
❌ What are the grounds for rejection of plaint under Order VII Rule 11 CPC?
Under Order VII Rule 11 CPC, a plaint can be rejected if it does not disclose a cause of action, is undervalued, insufficiently stamped, barred by law, not filed in duplicate, or when Rule 9 is not complied with.
⚖️ What is the legal principle laid down in Saleem Bhai v State of Maharashtra?
The Supreme Court held that while deciding an application under Order VII Rule 11 CPC, only the averments in the plaint are to be examined, and the written statement of the defendant is irrelevant at that stage.
📑 What is the procedure for production of documents under Order VII Rule 14 CPC?
Order VII Rule 14 CPC mandates that the plaintiff must produce documents relied upon at the time of presenting the plaint, and if not in possession, must disclose in whose possession the document lies.
📝 What is the time limit for filing written statement under Order VIII Rule 1 CPC?
The defendant must file the written statement within thirty days from service of summons. The court may extend this period with recorded reasons, but not beyond ninety days.
📂 What is the duty of the defendant to produce documents under Order VIII Rule 1A CPC?
Under Order VIII Rule 1A CPC, the defendant must file all documents relied upon in support of defence, set-off, or counter-claim along with the written statement, or disclose their possession details.
🎯 Why are Order VII and VIII CPC important for RJS, DJS & PCS (J) exams?
Order VII and VIII CPC are highly important for judiciary exams as questions are frequently asked on rejection of plaint, production of documents, written statement timelines, and evidentiary restrictions.
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