Table of Contents
- 1 On what ground a plaint can be rejected?
- 2 What are the grounds for rejection and return of plaint?
- 3 Can locus standi be a ground of rejection of plaint?
- 4 When can a plaint not be rejected?
- 5 Who can apply for locus standi?
- 6 When can order 7 Rule 11 be filed?
- 7 What is locus standi in case of revision petition?
- 8 When can a court refuse locus standi?
On what ground a plaint can be rejected?
Grounds on which Plaint is Rejected In every suite, a duplicate file of the plaint needs to be filed by the plaintiff. If this requirement is not fulfilled, the plaint is rejected. Where the plaintiff fails to act in accordance with Rule 7 and Rule 9, the plaint can be rejected.
What are the grounds for rejection and return of plaint?
ON WHAT GROUNDS A PLAINT CAN BE RETURENED? This order states that, a plaint can be returned by any court if the suit that is presented cannot be tried in the filed court, due to lack of jurisdiction. Thus the court may return the plaint for it to be presented in the proper court.
What are the grounds for rejection of plaint under O VII R 11 of CPC?
The underlying object of Order VII Rule 11 of CPC is that when a plaint does not disclose a cause of action, the court would not permit the plaintiff to unnecessarily protract the proceedings. “… in such a case, it will be necessary to put an end to the sham litigation so that further judicial time is not wasted.”
What does locus standi mean in law?
Locus Standi means the legal capacity to sue or approach courts. Therefore, Locus standi is the standing of a person in whom the right to legal action vests. Thus, according to the principle of locus standi, any aggrieved person can approach the courts for a remedy.
Can locus standi be a ground of rejection of plaint?
It is basically the ability of the party to show the Court that there was a sufficient cause of action behind the filing of the suit. Under Order VII Rule 11, the locus standi of the suit depends upon whether any grounds were violated which resulted in rejection of the plaint.
When can a plaint not be rejected?
It must include all the particulars that have been mentioned in Order VII of the Code of Civil Procedure, 1908. Perusal of Order VII Rule 11 of Code shows that the Plaint can be rejected only if it appears from the statement in the Plaint to be barred by any law.
Can plaint be partly rejected?
Courts Observation & Judgment The plaint cannot be rejected in part. If the plaint survives against certain defendants or property, Order VII Rule 11 will have no application at all and the suit as a whole must then proceed to trial.”
What determines locus standi?
The SCA considered the requirements for locus standi, being that the appellant must have an adequate interest in the subject matter of the litigation; the interest must not be too remote; the interest must be actual; and the interest must be current (not hypothetical), and concluded that the court a quo rightly found …
Who can apply for locus standi?
Conclusion. The maxim of locus Standi is one of the core principles of civil law and it is enshrined under Rule 7 Order 11 of the Civil procedure code, 1908. It states that only the person who suffered some injury can approach the court.
When can order 7 Rule 11 be filed?
AIR 2004 SC 569 (572). Application for Rejection of Plaint under Order VII Rule 11 of the Code of Civil Procedure can be filed at any stage and the Court has to dispose of the same before proceeding with the trial, the Apex Court has reiterated in K.
What is meant by rejection of plaint?
Rejection of plaint — The plaint shall be rejected in the following cases. (a) Where it does not disclose a cause of action – If the plaintiff does not discloses facts that give the plaintiff right to seek relief against defendant, the facts that are necessary to prove the damage caused to plaintiff.
When can plaint be rejected?
Return of Plaint simply mean that the Court is not empowered to entertain the suit for which the plaint has been filed. On such circumstances, the plaint is rejected if the necessary requirements of a plaint does not meet its aspect or if the certain provisions are vague and ambiguous.
What is locus standi in case of revision petition?
The locus standi of the suit relies on whether any grounds were abused which brought about the dismissal of the plaint. Pirthi Singh and Ors. vs Chander Bhan and Anr. In this case, a revision petition was filed by the defendant, who was the petitioner, against the order of the judge of the junior division.
When can a court refuse locus standi?
In IRC v National Federation of Self Employed and Small Businesses [1982] AC 617 the House of Lords held that standing should be considered in two stages. Firstly, at the leave stage the court should refuse locus standi to anyone who appears to be a mere busybody or mischief maker (per Lord Scarman).
What is the meaning of locus standi?
Basic idea of Locus Standi. The concept of ‘locus standi’, or ‘standing’ as it is otherwise known, is particularly relevant to administrative law, although it also has importance in relation to some aspects of European law and also to human rights law.
Do you have a locus standi for recording a suit?
If no lawful right has been disregarded, the individual would not have a locus standi for recording a suit. The gathering fundamentally can show the Court that there was an adequate reason for activity behind the documenting of the suit.