Question

Which of the following is not a ground for rejection of a plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908?

• A. The plaint does not disclose a cause of action.
• B. The suit is barred by limitation.
• C. The plaintiff fails to pay the court fees.
• D. The defendant agrees to settle the dispute out of court.

Hint:

Rejection of a plaint under Order VII Rule 11 happens when the plaint is fundamentally flawed from the start (e.g., no legal basis for the case). A settlement is a successful resolution of the case after it has been properly filed.

Answer 1

The Correct Option is D

Order VII, Rule 11 of the CPC provides for the rejection of a plaint at the threshold. The grounds are related to defects in the plaint itself: \[\begin{array}{rl} \bullet & \text{(a) It does not disclose a cause of action.} \\ \bullet & \text{(b) The relief claimed is undervalued.} \\ \bullet & \text{(c) The relief is properly valued, but the plaint is written on insufficiently stamped paper.} \\ \bullet & \text{(d) The suit appears from the statement in the plaint to be barred by any law (like limitation).} \\ \end{array}\] A settlement between the parties (D) is an event that occurs during the pendency of the suit and leads to its disposal or withdrawal by agreement, not rejection of the plaint for a technical defect.