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2023 Supreme(Jhk) 244

ANANDA SEN
Suresh Prasad Gupta – Appellant
Versus
Manjubala Jaiswal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ramawtar Choubey.
For the Respondent: Sanjay Kr. Pandey.

JUDGMENT :

ANANDA SEN, J.

1. The petitioner, in this application, has challenged the order dated 16.7.2022 passed in M.C.A. No. 304 of 2021 in Original Suit No. 307 of 2020/Eviction Suit No. 12 of 2012 by the learned Additional Munsif-XXV, Ranchi, whereby the learned court below has rejected the application filed by the petitioner under Order VII Rule 11 CPC for rejection of plaint.

2. Heard the learned counsel for the parties.

3. Order VII Rule 11 CPC provides for rejection of a plaint. A plaint can be rejected where it does not disclose a cause of action, or where inspite of time given by the Court, the valuation of under valued suit is not corrected, or the plaint is written upon a paper insufficiently stamped and the plaintiff fails to supply the requisite stamp, or where the suit appears to be barred by any law from the statement of the plaint itself, or where it is not filed in duplicate or where the plaintiff fails to comply with the provision of Rule 9. For better appreciation, it is necessary to quote Order VII Rule 11 CPC, which reads as follows:

    “11. Rejection of plaint - The plaint shall be rejected in the following cases:

(a) where it does not disclose a cause of action.

(b)

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